Machinery Directives
The Machinery Directive - 98/37/EC* previously Directive 89/392/EEC as amended by Directives 91/386/EEC and 93/68/EEC. The original Directive and its amendments have been consolidated in the single Directive 98/37/EC The main objective of the Machinery Directives is the protection of the health and safety of persons, and thus to prevent, as far as possible, the placing on the market and putting into service of unsafe or otherwise non-compliant products
Subject Area
The Directive applies to all items of equipment which are covered as shown below. In essence this usually means mechanical equipment either for workplace or domestic use where the major risk to safety is deemed to be mechanical. In all cases relevant provisions of other EC Directives where these are appropriate must be taken into account in order to achieve full compliance with the Directive.
Intention of Legislation
To assist industry by reducing barriers to trade within the Single Market by ensuring a common policy for the safety and supply of machinery across the European Economic Area (EEA).
Coverage
Essentially all machines which have at least one moving part, assemblies such as those in bottling or car assembly plants, interchangeable equipment which can modify the function of a machine, and safety components. There is a strong emphasis on safety and some products which are perceived to have a higher than normal safety risk to the operator require third party testing carried out by an appointed Notified Body which will have been assessed for its technical competence to carry out this work unless they have been manufactured in accordance with transposed harmonised standards. Such items are identified in Annex IV of the Directive. Should a manufacturer of a product in this category declare conformity with the Directive by using these standards, he may lodge a copy of his Technical File with a Notified Body of his choice, or have the application of those standards verified by reference to the File by the Notified Body. The Directive does not draw a distinction between machines used in the workplace and those intended for domestic use. Specific exemptions are shown in Schedule 5 of the UK Regulations.
Current Position
This Directive is fully implemented into UK law by means of the Supply of Machinery (Safety) Regulations 1992 (SI 1992/3073) as amended by The Supply of Machinery Safety) (Amendment) Regulations 1994 ( SI 1994/2063).
All transitional periods have now expired and all new machinery introduced into the EEA must now comply with this Directive. No action is required in respect of existing machinery supplied to the market which predates this Directive and UK Regulations.
Guidance
A comprehensive DTI Guidance booklet is available.
