European Community: Directive on Machinery

Subject: European Community: Directive on Machinery
From: Alexander Von_obert <avobert -at- TWH -dot- MSN -dot- SUB -dot- ORG>
Date: Tue, 25 Jul 1995 13:03:00 LCL

Hello,


sorry, this article is EXTREMELY long, but I think it is important
to many of us: If your employer or customer intends to ship
machinery to/within the European Community, he must conform to the
guidelines shown below.

I got the text from a user of my BBS who happens to be a
translator in the Brussels headquarters of the European Community.
The complete text is some 130 kB long. If someone knows of an FTP
server where this stuff would be welcome, I would upload it there.


Greetings from Germany,
Alexander

------------------------------------------------------------------
Council Directive of 14 June 1989 on the approximation of the laws
of the Member States relating to machinery (89/392/EEC)

[Source: Official Journal of the European Communities No L 183,
29.06.89, p. 9.

The Directive has been amended by:
- Council Directive 91/368/EEC of 20 June 1991,
OJ No L 198, 22.07.91, p. 16
- Council Directive 93/44/EEC of 14 June 1993,
OJ No L 175,19.07.91, p. 12
- Council Directive 93/68/EEC of 22 July 1993,
OJ No L 220, 31.08.93, p. 1.

The text below reflects these amendments, but do bear in mind that
it is NOT an official version since no complete update has yet
been published officially.

The preamble has been cut from the text reproduced below.]


THE COUNCIL OF THE EUROPEAN COMMUNITIES,

[...],

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I
SCOPE, PLACING ON THE MARKET AND FREEDOM OF MOVEMENT

Article 1
---------
1. This Directive applies to machinery and lays down the
essential health and safety requirements therefor, as defined
in Annex I.

[...]

2. For the purposes of this Directive, 'machinery' means an
assembly of linked parts or components, at least one of
which moves, with the appropriate actuators, control and power
circuits, etc., joined together for a specific application, in
particular for the processing, treatment, moving or packaging
of a material.

The term 'machinery' also covers an assembly of machines
which, in order to achieve the same end, are arranged and
controlled so that they function as an integral whole.

"Machinery" also means interchangeable equipment modifying the
function of a machine, which is placed on the market for the
purpose of being assembled with a machine or a series of
different machines or with a tractor by the operator himself
in so far as this equipment is not a spare part or a tool.

For the purposes of this Directive, safety components means a
component, provided that it is not interchangeable equipment,
which the manufacturer or his authorized representative
established in the Community places on the market to fulfil a
safety function when in use and the failure or malfunctioning
of which endangers the safety or health of exposed persons.

3. The following are excluded from the scope of this Directive:
- machinery whose only power source is directly applied manual
effort,
- machinery for medical use used in direct contact with
patients,

[...]

4. Where, for machinery or safety components, the risks referred
to in this Directive are wholly or partly covered by specific
Community directives, this Directive shall not apply, or shall
cease to apply, in the case of such machinery or safety
components and of such risks on the implementation of these
specific Directives.

5. Where, for machinery, the risks are mainly of electrical
origin, such machinery shall be covered exclusively by Council
Directive 73/23/EEC of 19 February 1973 on the harmonization
of the laws of the Member States relating to electrical
equipment designed for use within certain voltage limits (6).


Article 2
---------
1. Member States shall take all appropriate measures to ensure
that machinery or safety components covered by this Directive
may be replaced on the market and put into service only if
they do not endanger the health or safety of persons and,
where appropriate, domestic animals or property, when
properly installed and maintained and used for their intended
purpose.

2. This Directive shall not affect Member States' entitlement to
lay down, in due observance of the Treaty, such requirements
as they may deem necessary to ensure that persons and in
particular workers are protected when using the machinery or
safety components in question, provided that this does not
mean that the machinery or safety components are modified in a
way not specified in the Directive.

3. At trade fairs, exhibitions, demonstrations, etc., Member
States shall not prevent the showing of machinery or safety
components which do not conform to the provisions of this
Directive, provided that a visible sign clearly indicates that
such machinery or safety components do not conform and that
they are not for sale until they have been brought into
conformity by the manufacturer or his authorized
representative established in the Community. During
demonstrations, adequate safety measures shall be taken to
ensure the protection of persons.

Article 3
---------
Machinery and safety components covered by this Directive shall
satisfy the essential health and safety requirements set out in
Annex I.

Article 4
---------
1. Member States shall not prohibit, restrict or impede the
placing on the market and putting into service in their
territory of machinery and safety components which comply with
this Directive.

2. Member States shall not prohibit, restrict or impede the
placing on the market of machinery where the manufacturer or
his authorized representative established in the Community
declares in accordance with Annex II.B that it is intended to
be incorporated into machinery or assembled with other
machinery to constitute machinery covered by this Directive
except where it can function independently.

"Interchangeable equipment", within the meaning of the third
subparagraph of Article 1 (2), shall be regarded as machinery
and accordingly must in all cases bear the CE marking and be
accompanied by the EC declaration of conformity referred to in
Annex II (A).

3. Member States may not prohibit, restrict or impede the placing
on the market of safety components as defined in Article 1 (2)
where they are accompanied by an EC declaration of conformity
by the manufacturer or his authorized representative
established in the Community as referred to in Annex II, point
C.

Article 5
--------
1. Member States shall regard the following as conforming to all
the provisions of this Directive, including the procedures for
checking the conformity provided for in Chapter II:

- machinery bearing the CE marking and accompanied by the EC
declaration of conformity referred to in Annex II.A.,
- safety components accompanied by the EC declaration of
conformity referred to in Annex II.C.

In the absence of harmonized standards, Member States shall
take any steps they deem necessary to bring to the attention
of the parties concerned the existing national technical
standards and specifications which are regarded as important
or relevant to the proper implementation of the essential
safety and health requirements in Annex I.

2. Where a national standard transposing a harmonized standard,
the reference for which has been published in the Official
Journal of the European Communities, covers one or more of the
essential safety requirements, machinery or safety components
constructed in accordance with this standard shall be presumed
to comply with the relevant essential requirements.

Member States shall publish the references of national
standards transposing harmonized standards.

3. Member States shall ensure that appropriate measures are taken
to enable the social partners to have an influence at national
level on the process of preparing and monitoring the
harmonized standards.

Article 6
---------
1. Where a Member State or the Commission considers that the
harmonized standards referred to in Article 5 (2) do not
entirely satisfy the essential requirements referred to in
Article 3, the Commission or the Member State concerned shall
bring the matter before the Committee set up under Directive
83/189/EEC, giving the reasons therefor. The Committee shall
deliver an opinion without delay.

[...]


CHAPTER II
CERTIFICATION PROCEDURE

[...]


CHAPTER III
CE MARKING

[...]


CHAPTER IV
FINAL PROVISIONS

[...]


ANNEX I
ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE
DESIGN AND CONSTRUCTION OF MACHINERY AND
SAFETY COMPONENTS

[...]

1.7.4.
Instructions
(a) All machinery must be accompanied by instructions including
at least the following:

[This is important enough to be published in full.
But it is quite long again. So I will only use the
bandwidth, if there is at least some interest here.]

[...]

ANNEX IV
TYPES OF MACHINERY AND SAFETY COMPONENTS FOR WHICH THE
PROCEDURE REFERRED TO IN ARTICLE 8 (2) (b) AND (c) MUST BE
APPLIED
A. Machinery
1.
Circular saws (single or multi-blade) for working with wood and
analogous materials or for working with meat and analogous
materials.

[...]


ANNEX V
EC DECLARATION OF CONFORMITY

[...]

--
|Fidonet: Alexander Von_obert 2:2490/1719
|Internet: avobert -at- twh -dot- msn -dot- sub -dot- org

| Standard disclaimer: The views of this user are strictly his own.
| From TechWriter's Home, Nuernberg Germany 49+911+591530.


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