S.I. No. 406/1994 - European Communities (Machinery) Regulations 1994

S.I. No. 406 of 1994.

EUROPEAN COMMUNITIES (MACHINERY) REGULATIONS 1994.

I, CHARLIE McCREEVY, Minister for Enterprise 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 Council Directive 89/392/EEC of 14 June, 1989^(1), as amended by Council Directive 91/368/EEC of 20 June, 991^(2), 93/44/EEC of 14 June, 1993^(3) as amended by Council Directive 93/68/EEC of 22 July, 1993^(4), on the approximation of the laws of the Member States relating to machinery, hereby make the following Regulations:

1 Citation and Commencement

1.

1. (1) These Regulations may be cited as the European Communities (Machinery) Regulations, 1994.

• (2) These Regulations shall come into operation on 1 January, 1995.

• (3) In the case of machinery covered by the European Communities (Roll Over and Falling Object Protective Structures for Construction Plant) Regulations, 1990, ( S.I. No. 202 of 1990 ) and the European Communities (Self Propelled Industrial Trucks) Regulations, 1991, ( S.I. No. 12 of 1991 ), these Regulations shall come into operation on 1 July, 1995.

2 Interpretation

2.

2. In these Regulations, unless the context otherwise requires, the following expressions have the following meanings:

• (1) "the Directive" means the Directive of 14 June, 1989 adopted by the Council of the European Communities concerning the approximation of the laws of the Member States relating to machinery^(1) as amended by the Directives of 20 June, 1991,^(2) 14 June 1993,^(3) and 22 July, 1993;

^(1)89/392/EEC, OJ. No. L183, 29.6.1989, page 9.

^(2)91/368/EEC, OJ. No. L198, 22.7.1991, page 16.

^(3)93/44/EEC, OJ. No. L175, 19.7.1993, page 12.

^(4)93/68/EEC, OJ. No. L220, 30.8.1993, page 1.

• (2) "EC declaration of conformity" means a declaration set out in the form specified in Annex II of the Directive certifying that machinery or safety components bearing the CE Marking and accompanied by a declaration of conformity conforms to the essential health and safety requirements set out in Annex I to the Directive;

• (3) "manufacturer" means the manufacturer or his authorised representative established in the Community;

• (4) "essential health and safety requirements" are those set out in Annex I to the Directive;

• (5) "Member State" means a Member State of the European Communities;

• (6) "the Minister" means the Minister for Enterprise and Employment;

• (7) "EC type examination certificate" is the certificate issued by an approved body after it has ascertained that an example of machinery or a safety component submitted to it for examination satisfies the essential health and safety requirements as set out in Annex I to the Directive;

• (8) "EC type examination" is the procedure by which an approved body ascertains and certifies that an example of machinery or a safety component satisfies the provisions of Annex I of the Directive;

• (9) "approved body" means a body appointed by the Minister to carry out EC Type Examination and to issue EC Type Examination Certificates;

• (10) "authorised officer" means a person appointed under Regulation 9 to be an authorised officer for the purposes of these Regulations;

• (11) "place on the market" means supply, sell, offer for sale, expose for sale or have in possession for sale; place on the market under a rental agreement, lease agreement, hire purchase agreement or any other type of agreement;

• (12) "CE Marking" means the EC symbol, referred to in Article 10 of the Directive, and in the form described in Annex III of the Directive;

• (13) "machinery" means an assembly of linked parts or components, at least one of which moves, with the appropriate actuators, control and power circuits, joined together for a specific application, in particular for the processing, treatment, moving or packaging of a material;

the term also incldes an assembly of machines which, in order to acheive the same end, are arranged and controlled so that they function as an integral whole;

the term also includes 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;

• (14) "safety component" means a component, provided that it is not interchangeable, which the manufacturer or his authorised 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 Scope

3.

3. (1) These Regulations apply to machinery, as defined in Regulation 2 (13), and safety components as defined in Regulations 2 (14), which are first placed on the market in the Community or put into service in the Community on or after 1 January, 1995.

• (2) These Regulations do not apply to the following:

machinery whose only power source is directly applied manual effort unless it is a machine used for lifting or lowering loads,

machinery for medical use in direct contact with patients,

special equipment for use in fairgrounds or amusement parks,

steam boilers, tanks and pressure vessels,

machinery specially designed or put into service for nuclear purposes which, in the event of failure, may result in the emission of radioactivity,

radioactive sources forming part of a machine,

firearms,

storage tanks and pipelines for petrol, diesel fuel, inflammable liquids and dangerous substances,

means of transport, that is to say, vehicles and their trailers intended solely for transporting passengers by air or on road, rail or water networks, as well as means of transport in so far as such means are designed for transporting goods by air, on public road or rail networks or on water — rather than vehicles used in the mineral extraction industry,

seagoing vessels and mobile offshore units together with equipment on board such vessels or units,

cableways including funicular railways for the public or private transportation of persons,

agricultural and forestry tractors, as defined in Article 1 (1) of Council Directive 74/150/EEC of 4 March, 1974 on the approximation of the laws of the Member States relating to the type approval of wheeled agricultural or forestry tractors^(5), as last amended by Council Directive 88/297/EEC of 3 May, 1988^(6),

machines specially designed and constructed for military or police purposes,

lifts which permanently serve specific levels of buildings and constructions, having a car moving between guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal and designed for the transport of:

— persons

— persons and goods

— goods alone if the car is accessible, that is to say, a person may enter it without difficulty, and fitted with controls situated inside the car or within reach of a person or inside.

^(5) OJ. No. L84 of 28.3.1974, page 10.

^(6) OJ. No. L126 of 20.5.1988, page 52.

means of transport of persons using rack and pinion rail mounted vehicles,

mine winding gear,

theatre elevators,

construction site hoists intended for lifting persons or persons and goods,

machinery or safety components for which the risks referred to in these Regulations are wholly or partly covered by specific Directives of the European Communities,

machinery for which the risks are mainly of electrical origin and which is covered by EC Council Directive 73/23/EEC of 19 February, 1973^(7) on the harmonization of the laws of the Member States relating to electrical equipment designed for use within certain voltage limits,

machinery or safety components shown at a trade fair or exhibition or demonstration which does not comply with the provisions of Regulation 4 (1) provided that a visible sign clearly indicates that such machinery or safety component does not conform and that it is not for sale until it has been brought into conformity with the provisions of these Regulations and that for the time that the machinery is on show adequate safety measures are taken, machinery the manufacturer of which or his authorised representative established in the Community declares in accordance with Annex IIB of the Directive that it is intended to be incorporated into machinery or assembled with other machinery to constitute machinery covered by these Regulations except where it can function independently.

4 Marketing of machinery or safety components

4.

4. (1) No person shall, on or after 1 January, 1995 place on the market or put into service any machinery including interchangeable equipment within the meaning of Regulation 2 (13) or safety components within the meaning of Regulation 2 (14) which does not satisfy the essential health and safety requirements set out in Annex I to the Directive.

^(7)OJ. No. L77 of 26.3.1973, page 29.

• (2) The manufacturer, or his authorised representative in the Community, shall, in order to certify the conformity of the machinery or safety components with the provisions of the Directive, draw up an EC Declaration of conformity based on the models given in Annex II of the directive for each machine manufactured and for safety components and shall affix to the machinery the CE Marking referred to in Article 10 of the Directive.

• (3) On or after 1 January, 1995, machinery or safety components covered by this Directive may be placed on the market and put into service only if, when properly installed and maintained and used for its intended purpose, it does not endanger the health or safety of persons and, where appropriate, domestic animals or property.

• (4) In the case of machinery covered by the European Communities (Roll Over and Falling Object Protective Structures for Construction Plant) Regulations, 1990, ( S.I. No. 202 of 1990 ) and the European Communities (Self Propelled Industrial Trucks) Regulations, 1991 ( S.I. No. 12 of 1991 ), paragraph (1) of this regulation shall not apply until 1 January, 1996.

• (5) Before placing a machine or safety components on the market the manufacturer or his authorised representative in the community or any other person who places the machine or safety component on the market or puts it into service or who assembles the machine or safety component or parts thereof of various origins or constructs machinery or safety components for his own use shall:

( a ) if the machinery or safety component is not referred to in Annex IV of the Directive, draw up the file provided for in Annex V of the Directive;

( b ) if the machinery or safety component is referred to in Annex IV of the Directive and its manufacture does not comply, or only partly complies, with either national standards or other standards transposed into national legislation or if there are no other such standards, submit an example of the machinery or safety component for the EC type-examination referred to in Annex VI of the Directive;

( c ) if the machinery or safety component is referred to in Annex IV of the Directive and is manufactured in accordance with either national standards or other standards transposed into national legislation

— either draw up the file referred to in Annex VI of the Directive and forward it to an approved body, which will acknowledge receipt of the file as soon as possible and keep it,

— submit the file referred to in Annex VI of the Directive to an approved body, which will simply verify that the national standards or other standards transposed into national legislation have been correctly applied and will draw up a certificate of adequacy for the file,

— or submit the example of the machinery or safety component for the EC type examination referred to in Annex VI of the Directive.

• (6) Where a national standard transposing a harmonised 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 essential safety requirements set out in Annex I to the Directive.

• (7) Where the first indent of paragraph (5) (c) of this Regulation applies, the provisions of the first sentence of paragraph 5 and paragraph 7 of Annex VI of the Directive shall also apply.

• (8) Where the second indent of paragraph (5) (c) of this Regulation applies the provisions of paragraph 5, 6, and 7 of Annex VI of the Directive shall also apply.

• (9) Where paragraph (5) (a) and the first and second indents of paragraph (5) (c) of this Regulation apply the EC declaration of conformity shall solely state conformity with the essential requirements.

• (10) Where paragraph (5) (b) and the third indent of paragraph (5) (c) of this Regulation apply, the EC declaration of conformity shall state conformity with the example that underwent EC type-examination.

• (11) Where the machinery is subject to other Community Directives concerning other aspects, the CE marking shall indicate in these cases that the machinery also fulfils the requirements of the other Directives. This requirement shall not apply to persons who assemble with a machine or tractor interchangeable equipment (as set out in Regulation 2 (13)) provided that the parts are compatible and that each of the constituent parts of the assembled machine bears the CE marking and is accompanied by the EC Declaration of Conformity.

• (12) Where there is a contravention of this Regulation, the manufacturer, or the manufacturer's authorised representative in the Community or the importer into the State or any other person who places a machine on the market or puts it into service, shall be guilty of an offence.

5 Appointment of approved bodies

5.

5. (1) The Minister shall appoint a body or bodies of persons in accordance with the conditions of the Directive and subject to such conditions as he shall think fit—

( a ) to carry out the certification procedures referred to in Regulation 4, and

( b ) to do such other things as may be required or permitted under or in connection with these Regulations.

• (2) Each approved body shall carry out EC Type examination in accordance with Annex VI of the Directive.

6 Testing by approved body

6.

6. (1) Requests to an approved body to carry out an EC Type Examination shall be made in writing and shall be accompanied by the prescribed fee.

• (2) Where an approved body is satisfied on application made to it under paragraph (1), and after carrying out the EC type examination in respect of which the application was made that the results of any of the tests conducted by it do not satisfy the requirements of the Directive it shall so inform the applicant in writing stating its reasons and also inform him of his right to apply for a review of the decision under Regulation 8.

7 Conformity checks

7.

7. (1) An authorised officer, may from time to time carry out a check on any machine on which the CE marking has been placed or in respect of which an EC declaration of conformity has beren issued under these Regulations or on a safety component in respect of which an EC declaration of conformity has been issued or under the law of a Member State other than Ireland to ascertain whether such machine or safety component has been manufactured to conform in all respects with the requirements of the Directive.

• (2) For the purpose of assisting an authorised officer to carry out such checks every manufacturer shall, in respect of each machine or safety component for which he issues an EC declaration of conformity, retain, from the date of issue of that declaration, proper records, including documentary evidence showing the EC type-examinations that have been carried out, if appropriate, in respect of that machine or safety component or any machine or safety component of the same type and that the EC type examination requirements have been complied with, and shall produce them to the Minister, or an authorised officer, on request.

• (3) If an authorised officer after checking a machine or safety component under paragraph (1), is satisfied that it has not been manufactured in conformity with the requirements of the Directive or that proper records have not been kept in accordance with paragraph (2), notice may be given to the manufacturer specifying the matters mentioned in paragraph (5) of this Regulation.

• (4) If the Minister or an authorised officer is notified that a machine or safety component which bears the CE marking or for which a declaration of conformity has been issued or in respect of which an EC type-examination certificate has been issued, has not been manufactured in conformity with the requirements of the Directive or that proper records have not been kept in accordance with paragraph (2), notice may be given to the manufacturer specifying the matters mentioned in paragraph (5) of this Regulation.

• (5) The following matters shall be specified in a notice given under paragraph (3) or (4) of this Regulation:

( a ) the respects in which a machine or safety component does not conform with the requirements of the Directive, or in which proper records have not been kept,

( b ) that unless steps are taken which ensure that the machine or safety component, or any machines or safety components of the same type, do so conform or that proper records are kept within a specified period, any such machine or safety component shall not be marketed, or as the case may be, shall be withdrawn from the market, and

( c ) that any such machine or safety component shall not be put into service nor shall it be transported to another Member State, except in order to bring the machine or safety component into compliance with the Directive, and, if appropriate, any EC type-examination certificate issued in respect of the machine or safety component or any machine or safety component of the same type will be suspended or withdrawn.

• (6) If the Minister or an authorised officer decides that a machine or safety component shall not be marketed or shall be withdrawn from the market or shall be prohibited from being put into service or shall be prohibited from being transported to another Member State, except in order to bring the machine or safety component into compliance with the Directive, or decides to suspend or withdraw any EC type-examination certificate which may have issued in respect of the machine or any machine of the same type or safety component immediate notice of the decision shall be given to the manufacturer.

• (7) A notice under this Regulation shall specify the date on which it is to take effect and shall specify the grounds for the decision.

• (8) If an EC type examination certificate is suspended or withdrawn the other Member States should be notified of such action as soon as may be.

8 Review

8.

8. (1) Any person aggrieved by a decision made by the Minister, or by an authorised officer under these Regulations may, by notice in writing given to the Minister not later than 14 days after the receipt by the person from the Minister, or an authorised officer of notification of the decision, appeal to the Minister against the decision and the Minister, having considered any submissions made to him by the person, and any other interested parties and the report of any enquiry held under paragraph (2) of this Regulation in relation to the appeal or of any assessor appointed under paragraph (3) in relation thereto, may uphold, vary or reverse his decision or the decision of an authorised officer.

• (2) The Minister may appoint an officer of the Minister to hold an enquiry in connection with an appeal under this Regulation and to make a report to the Minister on the findings and the result of the enquiry.

• (3) The Minister may appoint an assessor to assist the Minister, and to make a report to him, in relation to an appeal under this Regulation or to assist an officer of the Minister in relation to an enquiry being held by him under paragraph (2) of this Regulation.

9 Powers of Authorised Officers

9.

9. (1) The Minister may appoint such and so many officers of the Minister as the Minister thinks fit to be authorised officers for the purposes of the regulations.

• (2) An authorised officer shall be furnished with a warrant of his appointment as an authorised officer. An authorised officer may, on production of his authorisation if so required by any person affected, for the purposes of these Regulations and of the Directive,

( a ) at all reasonable times enter premises where he reasonably believes that machines or safety components are being manufactured or stored or that it is proposed to commence such manufacture and inspect, examine and check such machines or safety components in the premises or being manufactured in the premises,

( b ) direct any person on the premises to give to the officer such information as he may reasonably require for the purposes of these Regulations and the Directive;

( c ) take possession of and remove from the premises for examination and checking by the Minister or by an approved body, as the case may be, a machine including such a machine in a partly manufactured state, or safety component, and

( d ) if an EC declaration of conformity has been issued in respect of a machine or safety component or if an EC type-examination certificate has been issued in respect of a machine or safety component, and there are reasonable grounds for believing that it does not comply with the essential health and safety requirements as set out in Annex 1 to the Directive, carry out or have carried out a test in accordance with the provisions of the Directive.

10 Offences

10.

10. (1) A person guilty of an offence under any provision of these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or in the case of an individual, to imprisonment for a term not exceeding 12 months or to both.

• (2) Where an offence under any provision of these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person, being a director, manager, secretary or other officer of that body corporate, or a person who was purporting to act in any such capacity, that person shall also be guilty of an offence and shall be liable to be proceeded against and punished as if he was guilty of the first-mentioned offence.

• (3) A person who, after conviction of any provision of these Regulations, continues to contravene that provision shall be guilty of an offence on each day on which the contravention occurs and for each such offence shall be liable on summary conviction to a fine not exceeding £1,000.

• (4) Proceedings for an offence under these Regulations may be brought and prosecuted by the Minister.

• (5) Notwithstanding section 10 (4) of the Petty Sessions (Irealnd) Act, 1851, proceedings for an offence under this Act may be instituted within one year from the date of the offence.

11 Revocations

11.

11. (1) The European Communities (Machinery) Regulations (1992 S.I. No. 246 of 1992 ), are hereby revoked with effect from 1 January, 1995.

• (2) the European Communities (Roll Over and Falling Object Protective Structures for Construction Plant) Regulations, 1990 ( S.I. No. 202 of 1990 ), are hereby revoked with effect from 1 January, 1996.

• (3) The European Communities (Self Propelled Industrial Trucks) Regulations, 1991 ( S.I. No. 12 of 1991 ), are hereby revoked with effect from 1 January, 1996.

• (4) The European Communities (Wire-Ropes, Chains and Hooks) Regulations, 1979 ( S.I. No. 207 of 1979 ), are hereby revoked with effect from 1 January, 1995.

GIVEN under my Official Seal, this 2nd day of December, 1994.

CHARLIE McCREEVY,

Minister for Enterprise and

Employment.

EXPLANATORY NOTE.

These Regulations implement Council Directive No. 89/392/EEC, as amended by Council Directive No. 91/368/EEC, on the approximation of the laws of the Member States relating to machinery as amended by Council Directive 93/44/EEC to provide additional essential health and safety requirements to cover the risks being run by lifted persons, and to deal with safety components which are placed on the market separately as amended by Council Directive 93/68/EEC relating to the harmonization provisions concerning the affixing and use of the CE marking.

The aim of the Directive is to remove barriers to intra Community trade in the area of machinery & safety components.

In addition, the Directive provides for essential health and safety requirements for machinery and safety components going on to the market for the first time.