Repealed MSD 98/37/EC

The repealed Machinery Directive 98/37/EC provisions’ are the core of the revised Machinery Directive 2006/42/EC which aims at consolidating the achievements of the Machinery Directive in terms of free circulation and safety of machinery while improving its application.

One of the most important aspects of the Directive, compliance wise, is the “CE” affix which on a product represents the manufacturer’s claim that the machine meets the essential health and safety requirements (ESHR’s) of the Machinery Directive (may also include the Low Voltage Directive, EMC Directive, Pressure Directive, etc.). The ESHR’s for machinery take into account potential dangers to operators and other persons using or affected by the machine. ESHR’s include, materials used in the construction; lighting; controls; stability; fire; noise; vibration; radiation; emission of dust, gasses etc.; maintenance and documentation. Compliance with the appropriate Harmonized European Standards (“Euro Norms” or EN’s) is recognized as meeting with the appropriate ESHR’s.

Before a product is placed on the market the following must happen:

The manufacturer must put together a Technical Construction File, a document which makes it possible to assess whether the product complies with the directive;
The manufacturer or the authorized representative must draw up a “Declaration of Conformity” (or for partially completed equipment, a “Declaration of Incorporation”);
The manufacturer or the authorized representative must affix the CE marking.

For non-EU manufacturers: Appoint a European Authorized Representative established within the European Community.

Non-Compliance

The directive portrays European Law enforced within the European Economic Area (EEA); non-compliance with the directive’s requirements will result in the removal of the product from the EEA and the revoking of the CE marking affixed on the machinery.