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Machinery

The "Machinery" Directive of May 2006 aims to ensure the free movement of machines and their accessories, whilst laying down essential requirements regarding the health and safety of consumers. It is based on the principles of the "New Approach to Technical Harmonisation and Standards". In line with this new approach, the design and manufacture of lifts and their safety components is subject to essential health and safety requirements.

ACT

Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, amending Directive 95/16/EC (recast) [See amending act(s)].

SUMMARY

The aim of this Directive is to lay down the essential health and safety requirements relating to design and construction in order to improve the safety of machinery placed on the European market.

Scope

This Directive applies to machines * which include the following products:

  • interchangeable equipment;
  • safety components;
  • lifting accessories;
  • chains, ropes and webbing;
  • removable mechanical transmission devices.

It also applies to partly completed machinery *.

Placing on the market, free movement and market surveillance

Before placing machinery on the market the manufacturer shall ensure that:

  • it complies with the relevant essential health and safety requirements;
  • the technical file is available. The technical file must demonstrate that the machinery complies with the requirements of this Directive. It must cover the design, manufacture and operation of the machinery to the extent necessary for assessing such compliance;
  • the necessary information is available;
  • the conformity assessment procedures are applied;
  • the EC declaration of conformity is drawn up;
  • the CE marking is affixed.

Before placing partly completed machinery on the market, the manufacturer shall:

  • ensure that the relevant technical documentation is prepared;
  • prepare assembly instructions;
  • draw up a declaration of incorporation.

Member States shall not prohibit, restrict or impede the placing on the market and/or putting into service in their territory of machinery which complies with the provisions of this Directive. They shall take all appropriate measures to ensure that machinery may be placed on the market only if it satisfies the provisions of this Directive and does not compromise the health and safety of persons, domestic animals or property.

Presumption of conformity and harmonised standards

Member States shall regard machinery bearing the CE marking and accompanied by the EC declaration of conformity as complying with the provisions of this Directive.

Machinery manufactured in conformity with a harmonised standard, the references to which have been published in the Official Journal of the European Union, shall be presumed to comply with the essential health and safety requirements covered by such a harmonised standard.

The Commission has the option to take measures to prohibit or restrict the placing on the market of machines which could compromise the health and safety of persons and even domestic animals or property.

Essential requirements and assessment of conformity

The manufacturer of machinery must ensure that a risk assessment is carried out in order to determine the health and safety requirements which apply to the machinery. The machinery must then be designed and constructed taking into account the results of the risk assessment. By the process of risk assessment and risk reduction referred to above, the manufacturer shall:

  • determine the limits of the machinery, which include the intended use and any reasonably foreseeable misuse thereof;
  • identify the hazards that can be generated by the machinery and the associated hazardous situations;
  • estimate the risks, taking into account the severity of the possible injury or damage to health and the probability of its occurrence;
  • evaluate the risks;
  • eliminate the hazards or reduce the risks associated with these hazards by application of protective measures.

The manufacturer shall, in order to certify the conformity of machinery with the provisions of this Directive, apply one of the procedures for assessment of conformity described in the Annex to the Directive.

Notified bodies

Member States must notify the Commission and other Member States of the bodies which they have appointed to carry out the assessment of conformity for the placing on the market of machinery.

Key terms used in the act
  • Machinery:
    1. an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application;
    2. an assembly referred to in the first indent, missing only the components to connect it on site or to sources of energy and motion;
    3. an assembly referred to in the first and second indents, ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or a structure;
    4. assemblies of machinery referred to in the first, second and third indents or partly completed machinery which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole;
    5. an assembly of linked parts or components, at least one of which moves and which are joined together, intended for lifting loads and whose only power source is directly applied human effort.
  • Partly completed machinery: an assembly which is almost machinery but which cannot in itself perform a specific application. A drive system is partly completed machinery. Partly completed machinery is only intended to be incorporated into or assembled with other machinery or other partly completed machinery or equipment, thereby forming machinery to which this Directive applies.

REFERENCES

ActEntry into force - Date of expiryDeadline for transposition in the Member StatesOfficial Journal

Directive 2006/42/EC

29.06.2006 (Application date: 29.9.2009)

29.06.2008

OJ L 157 of 9.6.2006

Amending act(s)Entry into force - Date of expiryDeadline for transposition in the Member StatesOfficial Journal

Regulation (EC) No 596/2009

7.8.2009

-

OJ L 188 of 18.7.2009

Directive 2009/127/EC

15.12.2009

15.6.2011

OJ L 310 of 25.11.2009

The successive amendments and corrections to Directive 2006/42/EC have been incorporated in the original text. This consolidated version is of documentary value only.

Last updated: 17.11.2010
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