Machinery Directive

Last updated

The Machinery Directive, Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 is a European Union directive concerning machinery and certain parts of machinery. [1] Its main intent is to ensure a common safety level in machinery placed on the market or put in service in all member states and to ensure freedom of movement within the European Union by stating that "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] Directive".

Contents

European economic directives

Economic directives apply to products. They were taken under the new approach in order to facilitate the free movement of goods and products in the European Union by removing barriers to trade in the European market. The particularity of these guidelines is that they set the basic requirements or Essential Health and Safety Requirements (EHSR) that apply to all manufacturers who wish to put their products on the European market. If a product meets the essential health and safety requirements, then the product can be placed on the market.

One way of demonstrating compliance with the ESHR can be done through compliance with harmonized European standards or any other solution that allows demonstrating a similar level of safety.

Consequently, the Machinery Directive belongs to the economic legislation. It applies to products designed to be sold (or enabled) in the European Union for the first time. It addresses manufacturers, importers, and dealers of machinery and safety components and applies to new equipment. This directive harmonizes the level of safety of products designed and manufactured by different manufacturers. Already installed machines lie outside the scope of this Directive, because they are already on the market. Resale of used machines is governed by national laws.

Scope

The directive applies to machinery as well as interchangeable equipment, safety components, lifting accessories, chains/ropes/webbing, removable mechanical transmission devices and partly completed machinery.

Machinery that is covered by more specific directives is excluded from the scope of this directive. The machinery excluded from the scope includes:

First Publication

The first publication of the Machinery Directive took place in 1989 – Directive 89/392/EEC of 14/06/89 published in OJ L 183 of 06.29.89 according to Article 100a of the Rome Treaty. The date of entry into force of this Directive was 1 January 1993, with a mandatory effective date of 1 January 1995.

The following directives were subsequently introduced amending Directive 89/392/EEC.

Second Publication

A second publication of the Machinery Directive took place in 1998 – Directive 98/37/EC of 22 June 1998 on the harmonization of the laws of all Member States relating to machinery. This directive is the codified version of Directive 89/392/EEC as amended by the directives listed above.

Machine Directive 1998/37/EC This was amended by the following directive:

Machinery Directive 98/37/EC remained in force until 29 December 2009.

Third Publication

The third publication of the Machinery Directive took place in 2006 – called new Directive 2006/42/EC, and was adopted in April and 9 June 2006, published in the Official Journal of the EU.

The first recital of Directive 2006/42/EC notes that this "new Machinery Directive " is not entirely new, but is based on Directive 98/37/EC which itself has codified Directive "Machinery" 89/392/EEC amended by Directives 91/368/EEC, 93/44/EEC, 93/68/EEC and 98/79/EC.

Requirements of the new Machinery Directive were transcribed into national law of each country of the European Union (transcript had to be made before 29 June 2008) so that this new machine Directive shall apply starting from 29 December 2009 and replaces Machinery Directive 98/37/EC.

Requirements of this machinery directive and associated European regulations concerns both manufacturers of machine and safety components, machinery distributors and users. The Directive 2006/42/EC lays down the foundation and regulatory basis for the harmonization of Essential Health and Safety Requirements (EHSR) in the field of machinery at the Community level.

No transition period took place in 2009, because manufacturers had more than three years to anticipate these developments and be aware of new requirements.

Changes in relation to the Essential Health and Safety Requirements (EHSR) of the previous directive do not deeply change the Essential Health and Safety Requirements (EHSR).

Withdrawal and Replacement

A new Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery replaces Directive 2006/42/EC on machinery. [2] The Regulation applies from 20 January 2027. However, some rules apply earlier such as the requirements for notified bodies on the 20 January 2024. [3]

Related Research Articles

<span class="mw-page-title-main">Safety data sheet</span> Sheet listing work-related hazards

A safety data sheet (SDS), material safety data sheet (MSDS), or product safety data sheet (PSDS) is a document that lists information relating to occupational safety and health for the use of various substances and products. SDSs are a widely used system for cataloguing information on chemicals, chemical compounds,chemical mixtures. SDS information may include instructions for the safe use and potential hazards associated with a particular material or product, along with spill-handling procedures. The older MSDS formats could vary from source to source within a country depending on national requirements; however, the newer SDS format is internationally standardized.

<span class="mw-page-title-main">CE marking</span> European Declaration of conformity mark

The presence of the logo on commercial products indicates that the manufacturer or importer affirms the goods' conformity with European health, safety, and environmental protection standards. It is not a quality indicator or a certification mark. The CE marking is required for goods sold in the European Economic Area (EEA); goods sold elsewhere may also carry the mark.

<span class="mw-page-title-main">Directive 67/548/EEC</span>

The Dangerous Substances Directive was one of the main European Union laws concerning chemical safety, until its full replacement by the new regulation CLP Regulation (2008), starting in 2016. It was made under Article 100 of the Treaty of Rome. By agreement, it is also applicable in the EEA, and compliance with the directive will ensure compliance with the relevant Swiss laws. The Directive ceased to be in force on 31 May 2015 and was repealed by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006.

European Standards, sometimes called Euronorm, are technical standards which have been ratified by one of the three European Standards Organizations (ESO): European Committee for Standardization (CEN), European Committee for Electrotechnical Standardization (CENELEC), or European Telecommunications Standards Institute (ETSI). All ENs are designed and created by all standards organizations and interested parties through a transparent, open, and consensual process.

In the experimental (non-clinical) research arena, good laboratory practice or GLP is a quality system of management controls for research laboratories and organizations to ensure the uniformity, consistency, reliability, reproducibility, quality, and integrity of products in development for human or animal health through non-clinical safety tests; from physio-chemical properties through acute to chronic toxicity tests.

ISO 13485Medical devices -- Quality management systems -- Requirements for regulatory purposes is a voluntary standard, published by International Organization for Standardization (ISO) for the first time in 1996, and contains a comprehensive quality management system for the design and manufacture of medical devices. The latest version of this standard supersedes earlier documents such as EN 46001 and EN 46002 (1996), the previously published ISO 13485, and ISO 13488.

<span class="mw-page-title-main">Medical Devices Directive</span>

The Medical Device DirectiveCouncil Directive 93/42/EEC of 14 June 1993 concerning medical devices — is intended to harmonise the laws relating to medical devices within the European Union. The MD Directive is a 'New Approach' Directive and consequently in order for a manufacturer to legally place a medical device on the European market the requirements of the MD Directive have to be met. Manufacturers' products meeting 'harmonised standards' have a presumption of conformity to the Directive. Products conforming with the MD Directive must have a CE mark applied. The Directive was most recently reviewed and amended by the 2007/47/EC and a number of changes were made. Compliance with the revised directive became mandatory on 21 March 2010.

<span class="mw-page-title-main">CLP Regulation</span> 2008 European Union regulation about chemicals

The CLP Regulation is a European Union regulation from 2008, which aligns the European Union system of classification, labelling and packaging of chemical substances and mixtures to the Globally Harmonised System (GHS). It is expected to facilitate global trade and the harmonised communication of hazard information of chemicals and to promote regulatory efficiency. It complements the 2006 Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation and replaces an older system contained in the Dangerous Substances Directive (67/548/EEC) and the Dangerous Preparations Directive (1999/45/EC).

A European Authorised Representative (E.A.R.) serves as a legal entity designated by non European Union (EU) manufacturers, to represent them in the EU and ensure their compliance with the European Directives. The CE certificate and declaration of conformity can only be issued by a company located in the European Union.

<span class="mw-page-title-main">Directive 89/391/EEC</span> European Union directive

Directive 89/391/EEC is a European Union directive with the objective to introduce measures to encourage improvements in the safety and health of workers at work. It is described as a "Framework Directive" for occupational safety and health (OSH) by the European Agency for Safety and Health at Work.

ISO 14971Medical devices — Application of risk management to medical devices is a voluntary standard for the application of risk management to medical devices. "Voluntary standards do not replace national laws, with which standards' users are understood to comply and which take precedence" over voluntary standards such as ISO 13485 and ISO 14971. The ISO Technical Committee responsible for the maintenance of this standard is ISO/ TC 210 working with IEC/SC62A through Joint Working Group one (JWG1). This standard is the culmination of the work starting in ISO/IEC Guide 51, and ISO/IEC Guide 63. The third edition of ISO 14971 was published in December 2019 and supersedes the second edition of ISO 14971.

<span class="mw-page-title-main">Construction Products Directive</span>

Construction Products Directive (Council Directive 89/106/EEC)(CPD) is a now repealed European Union Directive which aimed to remove technical barriers to trade in construction products between Member States in the European Union.

<span class="mw-page-title-main">Regulation (EU) No. 305/2011</span>

Regulation No. 305/2011 of the European Parliament and of the Council of the European Union is a regulation of 9 March 2011 which lays down harmonised conditions for the marketing of construction products and replaces Construction Products Directive (89/106/EEC). This EU regulation is designed to simplify and clarify the existing framework for the placing on the market of construction products. It replaced the earlier (1989) Construction Products Directive (89/106/EEC).

Market surveillance for products ensures that products on the market conform to applicable laws and regulations. This helps to foster trust among consumers buying products or financial services and protects consumers and professionals from harm from non-compliant products. It also helps companies that comply to stay in business and avoid losing market share to rogue traders.

<span class="mw-page-title-main">European company law</span>

European company law is the part of European Union law which concerns the formation, operation and insolvency of companies in the European Union. The EU creates minimum standards for companies throughout the EU, and has its own corporate forms. All member states continue to operate separate companies acts, which are amended from time to time to comply with EU Directives and Regulations. There is, however, also the option of businesses to incorporate as a Societas Europaea (SE), which allows a company to operate across all member states.

<span class="mw-page-title-main">Regulation of pesticides in the European Union</span>

A pesticide, also called Plant Protection Product (PPP), which is a term used in regulatory documents, consists of several different components. The active ingredient in a pesticide is called “active substance” and these active substances either consist of chemicals or micro-organisms. The aims of these active substances are to specifically take action against organisms that are harmful to plants. In other words, active substances are the active components against pests and plant diseases.

<span class="mw-page-title-main">Regulation (EU) 2017/745</span> Political regulation

Regulation (EU) 2017/745 is a regulation of the European Union on the clinical investigation and sale of medical devices for human use. It repeals Directive 93/42/EEC (MDD), which concerns medical devices, and Directive 90/385/EEC, which concerns active implantable medical devices, on 26 May 2021.

A custom-made medical device, commonly referred to as a custom-made device (CMD) or a custom device, is a medical device designed and manufactured for the sole use of a particular patient. Examples of custom-made medical devices include auricular splints, dentures, orthodontic appliances, orthotics and prostheses.

References

  1. "Directive 2006/42/EC" . Retrieved 22 May 2015.
  2. "Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC" . Retrieved 18 December 2023.
  3. "Regulation 2023/1230/EU - machinery 2006/42/EC" . Retrieved 18 December 2023.