European Communities (Machinery) Regulations 2008

• Statutory Instrument No.: 407/2008
• Published date: 24 October 2008

ARRANGEMENT OF REGULATIONS

PART 1

Citation, Commencement and Interpretation

1. Citation.

2. Commencement.

3. Interpretation and application.

PART 2

Requirements for placing on the market and putting into service

4. General duties of manufacturer or authorised representative as regards products.

5. Duties of manufacturer or authorised representative as regards compliance with Regulation 10 relating to partly completed machinery.

6. Duties of manufacturer or authorised representative as regards compliance with Regulation 9 relating to essential health and safety requirements.

7. Duties of manufacturer or authorised representative as regards compliance with other Directives.

8. Duties of persons showing products at trade fairs etc.

9. Duties of manufacturer or authorised representative as regards certifying the conformity of products.

10. Duties of manufacturer or authorised representative as regards relevant technical documentation, assembly instructions and declaration of incorporation relating to partly completed machinery.

11. Duties of manufacturer or authorised representative as regards application of CE marking as regards products.

12. CE marking and declaration of conformity.

13. Products manufactured in conformity with a harmonised standard.

PART 3

Notified Bodies

14. Appointment of notified bodies and their duties.

15. Provision of information to the Commission, other Member States and the public on notified bodies.

16. Monitoring of notified bodies.

17. Suspension or withdrawal of certificates or approvals by notified bodies.

18. Provision of information by notified bodies to relevant competent authority.

PART 4

Competent Authorities

19. Competent authorities.

20. Functions of competent authorities.

21. Immunity.

22. Indemnification.

23. Restriction or prohibition.

24. Directions regarding CE marking affixed unduly to products.

25. Notifications to the Commission in respect of application of Regulations 23 and 24.

26. Publication of information on products non-compliant with essential health and safety requirements.

27. Publication of information on action taken regarding non-compliant products.

28. Sharing of information on application of the Directive.

29. Power to require information.

30. Provision of information in response to a notice requiring information.

31. Appeal against a notice requiring information.

32. Suspension of application of a notice requiring information.

33. Admissibility of certain documents in evidence.

PART 5

Authorised Officers

34. Appointment of authorised officers.

35. Warrants or certificates of appointment.

36. Powers of authorised officers.

PART 6

Improvement plans, contravention notices and prohibition notices

37. Directions for improvement plan.

38. Contravention notice.

39. Prohibition notice.

40. Contravention of prohibition notice — application to High Court.

41. Publication of information relating to contravention notices and prohibition notices.

PART 7

Supplemental Provisions

42. Restrictions on the disclosure of information.

43. Service of notices etc.

PART 8

Offences and Penalties

44. Offences.

45. Penalties.

46. Offences by bodies corporate.

47. Defence in proceedings.

48. Prosecution of offences.

PART 9

Miscellaneous

49. Appeal to Circuit Court from certain orders of District Court.

50. Notice or direction to be in writing.

51. Revocation.

SCHEDULE 1

Annex I to Directive 2006/42/EC — Essential health and safety requirements relating to the design and construction of machinery.

SCHEDULE 2

Annex II to Directive 2006/42/EC — Declarations (EC Declaration of conformity of machinery and Declaration of incorporation of partly completed machinery).

SCHEDULE 3

Annex III to Directive 2006/42/EC — CE marking.

SCHEDULE 4

Annex IV to Directive 2006/42/EC — Categories of machinery to which one of the procedures referred to in Article 12(3) and (4) must be applied.

SCHEDULE 5

Annex V to Directive 2006/42/EC — Indicative list of the safety components referred to in Article 2(c).

SCHEDULE 6

Annex VI to Directive 2006/42/EC — Assembly instructions for partly completed machinery.

SCHEDULE 7

Annex VII to Directive 2006/42/EC — Part A, Technical file for machinery and Part B, Relevant technical documentation for partly completed machinery.

SCHEDULE 8

Annex VIII to Directive 2006/42/EC — Assessment of conformity with internal checks on the manufacture of machinery.

SCHEDULE 9

Annex IX to Directive 2006/42/EC — EC type-examination.

SCHEDULE 10

Annex X to Directive 2006/42/EC — Full quality assurance.

SCHEDULE 11

Annex XI to Directive 2006/42/EC — Minimum criteria to be taken into account by Member States for the notification of bodies.

SCHEDULE 12

Article 1(2) of Directive 2006/42/EC — Equipment excluded from application of these Regulations.

S.I. No. 407 of 2008

EUROPEAN COMMUNITIES (MACHINERY) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th October, 2008.

I, MARY COUGHLAN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Directive 2006/42/EC of the European Parliament and of the Council 1 on machinery, and amending Directive 95/16/EC (recast), hereby make the following regulations:

PART 1

Citation, Commencement and Interpretation

Citation

1. These Regulations may be cited as the European Communities (Machinery) Regulations 2008.

Commencement

2. (1) Subject to paragraph (2), these Regulations come into operation on 29 December 2009.

(2) As regards portable cartridge operated fixing and other impact machinery which are in conformity with existing provisions in force at 17 May 2006, these Regulations come into operation on 29 June 2011.

Interpretation and application

3. (1) In these Regulations, subject to paragraph (3), and unless the context otherwise requires—

“Annex” means an Annex to the Directive;

“Article” means an Article of the Directive;

“authorised representative” means any natural or legal person established in the Community who has received a written mandate from a manufacturer to perform on his or her behalf all or part of the obligations and formalities connected with the Directive and these Regulations;

“Authority” means the Health and Safety Authority;

“CE marking” means the conformity marking referred to in Article 16 and in Regulation 11, details and requirements in respect of which are set out in Annex III, the text of which Annex (including the illustration of the mark) is, for ease of reference, set out in Schedule 3;

“chains, ropes and webbing” means chains, ropes and webbing designed and constructed for lifting purposes as part of lifting machinery or lifting accessories;

“Commission” means the Commission of the European Communities;

“Community” means the European Community;

“competent authority” means, as the context requires, one or other of the bodies specified in Regulation 19;

“declaration of conformity” means the EC declaration of conformity, appropriate to the product in question, referred to in Article 5, and details and requirements in respect of which are set out in part 1, Section A of Annex II, the text of which Annex is, for ease of reference, set out in Schedule 2;

“Directive” means Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 1 on machinery, and amending Directive 95/16/EC (recast);

“EC type-examination certificate” means the certificate referred to in paragraph 4 of Annex IX, the text of which Annex is, for ease of reference, set out in Schedule 9;

“essential health and safety requirements” means the essential health and safety requirements of the Directive, relating to the design and construction of a product, set out in Annex I, the text of which Annex is, for ease of reference, set out in Schedule 1;

“harmonised standard” means a non-binding technical specification adopted by a standardisation body, namely the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) or the European Telecommunications Standards Institute (ETSI), on the basis of a remit issued by the Commission in accordance with the procedures laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 2 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as last amended by the 2003 Act of Accession;

“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 or herself in order to change its function or attribute a new function, in so far as this equipment is not a tool;

“lifting accessory” means a component or equipment not attached to the lifting machinery, allowing the load to be held, which is placed between the lifting 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;

“machinery” (save in the Schedules) means machinery to which the Directive applies, being any or all of the following:

(a) 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;

(b) an assembly referred to in paragraph (a), missing only the components to connect it on site or to sources of energy and motion;

(c) an assembly...