Date of Enforcement:
The current Directive was published 9th June 2006 and has been applicable since 29th December 2009, replacing the old Machinery Directive 98/37/EC.
– 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,
– an assembly referred to in the first indent, missing only the components to connect it on site or to sources of energy and motion, – 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,
– assemblies of machinery referred to in the first, second and third indents or partly completed machinery referred to in point (g) which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole,
– 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.
‘interchangeable equipment’ means a device which, after the putting into service of machinery or of a tractor, is assembled with that machinery or tractor by the operator himself in order to change its function or attribute a new function, in so far as this equipment is not a tool.
‘safety component’ means a component: – which serves to fulfil a safety function, – which is independently placed on the market, – the failure and/or malfunction of which endangers the safety of persons, and – which is not necessary in order for the machinery to function, or for which normal components may be substituted in order for the machinery to function. An indicative list of safety components is set out in Annex V and is repeated here:
- Guards for removable mechanical transmission devices.
- Protective devices designed to detect the presence of persons.
- Power-operated interlocking movable guards designed to be used as safeguards in machinery referred to in items 9, 10 and 11 of Annex IV.
- Logic units to ensure safety functions.
- Valves with additional means for failure detection intended for the control of dangerous movements on machinery.
- Extraction systems for machinery emissions.
- Guards and protective devices designed to protect persons against moving parts involved in the process on the machinery.
- Monitoring devices for loading and movement control in lifting machinery.
- Restraint systems to keep persons on their seats.
- Emergency stop devices.
- Discharging systems to prevent the build-up of potentially dangerous electrostatic charges.
- Energy limiters and relief devices referred to in sections 1.5.7, 3.4.7 and 184.108.40.206 of Annex I.
- Systems and devices to reduce the emission of noise and vibrations.
- Roll-over protective structures (ROPS).
- Falling-object protective structures (FOPS).
- Two-hand control devices.
- Components for machinery designed for lifting and/or lowering persons between different landings and included in the following list:
(a) devices for locking landing doors;
(b) devices to prevent the load-carrying unit from falling or unchecked upwards movement;
(c) overspeed limitation devices;
(d) energy-accumulating shock absorbers, — non-linear, or — with damping of the return movement;
(e) energy-dissipating shock absorbers;
(f) safety devices fitted to jacks of hydraulic power circuits where these are used as devices to prevent falls;
(g) electric safety devices in the form of safety switches containing electronic components.
‘lifting accessory’ means a component or equipment not attached to the lifting machinery, allowing the load to be held, which is placed between the machinery and the load or on the load itself, or which is intended to constitute an integral part of the load and which is independently placed on the market; slings and their components are also regarded as lifting accessories.
‘chains, ropes and webbing’ means chains, ropes and webbing designed and constructed for lifting purposes as part of lifting machinery or lifting accessories.
‘removable mechanical transmission device’ means a removable component for transmitting power between self-propelled machinery or a tractor and another machine by joining them at the first fixed bearing. When it is placed on the market with the guard it shall be regarded as one product;
partly completed machinery’ means 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.
- (a) safety components intended to be used as spare parts to replace identical components and supplied by the manufacturer of the original machinery;
- (b) specific equipment for use in fairgrounds and/or amusement parks;
- (c) machinery specially designed or put into service for nuclear purposes which, in the event of failure, may result in an emission of radioactivity;
- (d) weapons, including firearms;
- (e) the following means of transport: — agricultural and forestry tractors for the risks covered by Directive 2003/37/EC, with the exclusion of machinery mounted on these vehicles, — motor vehicles and their trailers covered by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), with the exclusion of machinery mounted on these vehicles, — vehicles covered by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or threewheel motor vehicles (2), with the exclusion of machinery mounted on these vehicles, — motor vehicles exclusively intended for competition, and — means of transport by air, on water and on rail networks with the exclusion of machinery mounted on these means of transport;
- (f) seagoing vessels and mobile offshore units and machinery installed on board such vessels and/or units;
- (g) machinery specially designed and constructed for military or police purposes;
- (h) machinery specially designed and constructed for research purposes for temporary use in laboratories;
- (i) mine winding gear;
- (j) machinery intended to move performers during artistic performances;
- (k) electrical and electronic products falling within the following areas, insofar as they are covered by Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (3): — household appliances intended for domestic use, — audio and video equipment, — information technology equipment, — ordinary office machinery, — low-voltage switchgear and control gear, — electric motors; (l) the following types of high-voltage electrical equipment: — switch gear and control gear, — transformers.
Products are either in scope and must be CE marked or they are outside the scope and may not be CE marked. There is no choice on this issue!
All machinery must have a documented risk assessment that identifies all applicable hazards and in addition, the Directive lists Essential Health & Safety Requirements that must also be considered. These hazards & requirements must then be mitigated & addressed by conformity with standards. A list of the “harmonised standards” [can we get a tool tip on ‘harmonised standards’ to say “Standards which have been especially written to support the directive and which have been adopted as national standards by all EU member states.”can be found here.
The standards supporting the Machinery Directive have designations as Type A, B or C, reflecting how generic or specific they are. A type A standard is very generic and addresses risks that may cover all machines. Type B standards address a specific aspect such as guarding or emergency stops, which may be used on a wide range of machines. Type C standards are “product standards ie they pertain to specific machine types such as a MEWP (mobile elevating work platform) or an ATV (all-terrain vehicle).
Conformity Assessment – 3rd Party Certification
The Machinery Directive has a definitive list (in Annex IV) of product types that MUST be issued with an EC Type Examination Certificate from a Notified Body. All other product types CANNOT be issued an EC Type Examination Certificate. They may, however, be issued with a “statement of conformity” from a Notified Body, if the manufacturer wishes it.
1. Circular saws (single- or multi-blade) for working with wood and material with similar physical characteristics or for working with meat and material with similar physical characteristics, of the following types: 1.1. sawing machinery with fixed blade(s) during cutting, having a fixed bed or support with manual feed of the workpiece or with a demountable power feed; 1.2. sawing machinery with fixed blade(s) during cutting, having a manually operated reciprocating saw-bench or carriage; 1.3 sawing machinery with fixed blade(s) during cutting, having a built-in mechanical feed device for the workpieces, with manual loading and/or unloading; 1.4. sawing machinery with movable blade(s) during cutting, having mechanical movement of the blade, with manual loading and/or unloading. 2. Hand-fed surface planing machinery for woodworking. 3. Thicknessers for one-side dressing having a built-in mechanical feed device, with manual loading and/or unloading for woodworking. 4. Band-saws with manual loading and/or unloading for working with wood and material with similar physical characteristics or for working with meat and material with similar physical characteristics, of the following types: 4.1. sawing machinery with fixed blade(s) during cutting, having a fixed or reciprocating-movement bed or support for the workpiece; 4.2. sawing machinery with blade(s) assembled on a carriage with reciprocating motion. 5. Combined machinery of the types referred to in points 1 to 4 and in point 7 for working with wood and material with similar physical characteristics. 6. Hand-fed tenoning machinery with several tool holders for woodworking. 7. Hand-fed vertical spindle moulding machinery for working with wood and material with similar physical characteristics. 8. Portable chainsaws for woodworking. 9. Presses, including press-brakes, for the cold working of metals, with manual loading and/or unloading, whose movable working parts may have a travel exceeding 6 mm and a speed exceeding 30 mm/s. 10. Injection or compression plastics-moulding machinery with manual loading or unloading. 11. Injection or compression rubber-moulding machinery with manual loading or unloading. 12. Machinery for underground working of the following types: 12.1. locomotives and brake-vans; 12.2. hydraulic-powered roof supports. 13. Manually loaded trucks for the collection of household refuse incorporating a compression mechanism. 14. Removable mechanical transmission devices including their guards. 15. Guards for removable mechanical transmission devices. 16. Vehicle servicing lifts. 17. Devices for the lifting of persons or of persons and goods involving a hazard of falling from a vertical height of more than three metres. 18. Portable cartridge-operated fixing and other impact machinery. 19. Protective devices designed to detect the presence of persons. 20. Power-operated interlocking movable guards designed to be used as safeguards in machinery referred to in points 9, 10 and 11. 21. Logic units to ensure safety functions. 22. Roll-over protective structures (ROPS). 23. Falling-object protective structures (FOPS).
HPiVS is a Notified Body appointed only for product type 17: Devices for the lifting of persons or of persons and goods involving a hazard of falling from a vertical height of more than three metres.
Components or partly completed machines which cannot function on their own or which are intended for incorporation to a larger machine, must sign a ‘Declaration of Incorporation’. This document informs the reader that the component is not CE marked because it is to be incorporated in another machine or that it is incomplete and further informs the reader that the completed machine must be made fully compliant with the Machinery Directive before being put on the market or into service.
Once a machine has its Certificate or Statement of conformity, the manufacturer should sign a Declaration of Conformity and affix the CE marking.