S.I. No. 372/1995 - European Communities (Machinery) (Amendment) Regulations, 1995

S.I. No. 372 of 1995.

EUROPEAN COMMUNITIES (MACHINERY) (AMENDMENT) REGULATIONS, 1995.

I, RICHARD BRUTON T.D., 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 amending the European Communities (Machinery) Regulations, 1994, ( S.I. No. 406 of 1994 ) which gave effect to Council Directive 89/392/EEC of 14 June, 1989^(1), as amended by Council Directive 91/368/EEC of 20 June, 1991^(2), and Council Directive 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)89/392/EEC, O.J. No. L183, 29.6.1989, P. 9.

^(2)91/368/EEC, O.J. No. L198, 22.7.1991, P. 16.

^(3)93/44/EEC, O.J. No. L175, 19.7.1993, P. 12.

^(4)93/68/EEC, O.J. No. L220, 30.8.1993, P. 1.

1 Citation.

1.

1. (1) These Regulations may be cited as the European Communities (Machinery) (Amendment) Regulations, 1995.

• (2) The European Communities (Machinery) Regulations, 1994 ( S.I. No. 406 of 1994 ) are hereby amended as provided in these Regulations.

2 Marketing of machinery or safety components.

2.

2. (1) Regulation 4 (4) is hereby amended by the substitution therefor of the following:

• "(4) However during the period 1 January, 1995 to 31 December, 1996 the placing on the market of Roll Over and Falling Object Protective Structures manufactured in conformity with national provisions in force on 14 June, 1993 is allowed."

• (2) Regulation 4 (5) is hereby amended by the substitution therefor of the following:

• "(5) Before placing a machine or safety component on the market the manufacturer or his authorised representative in the community or (where such persons fail to fulfil the obligations under this regulation) 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 harmonised 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 harmonised 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 harmonised 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."

3 EC type examination certificate.

3.

3. Regulation 6 is hereby amended by the substitution therefor of the following:

"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.

• (3) If an EC type examination certificate is suspended or withdrawn the other Member States should be notified of such action as soon as practicable."

4 Conformity checks.

4.

4. (1) Regulation 7 (6) is hereby amended by the substitution therefor of the following:

• "(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, immediate notice shall be given to the manufacturer as soon as practicable.";

• (2) Regulation 7 (8) is hereby revoked.

5 Review.

5.

5. Regulation 8 is hereby amended by the substitution therefor of the following:

"8. (1) Any person aggrieved by a decision of an approved body under Regulation 6 may, by notice in writing given to the Minister not later than 14 days after the receipt by the person of notice 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) in relation to the appeal or of any assessor appointed under paragraph (3) in relation thereto, may uphold, vary or reverse the decision of an approved body."

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

6 Powers of Authorised Officers.

6.

6. Regulation 9 (2) (c) is hereby amended by the substitution therefor of the following:

• "(c) take possession of and remove from the premises for examination and checking, as the case may be, a machine including such a machine in a partly manufactured state, or safety component, and".

GIVEN under my Official Seal, this 21st day of December, 1995.

RICHARD BRUTON,

Minister for Enterpriseand Employment.

EXPLANATORY NOTE.

These Regulations amend the European Communities (Machinery) Regulations, 1994, which gave effect to Directives on the approximation of the laws of the Member States relating to machinery.

The amending Regulations mainly expand and/or clarify certain aspects of the existing Regulations including transitional national provisions for roll over and falling object protective structures.