The Machinery Safety Directive 2006/42/EC

Although the revised Machinery Directive 2006/42/EC (which became applicable starting the 29th of December 2009) does not introduce fundamental modifications compared with the old Machinery Directive 98/37/EC, it does aim at consolidating the achievements of the old Directive in terms of free circulation and safety of machinery while improving its application.

The former Machine Safety Directive 98/37/EC was considered not satisfactory in several aspects, that is why the revised version is expected to cover the main gaps concerning:

• The overlap between the Machinery Directive and the Low Voltage Directive;
• The consideration as to how the provisions of EMC should be applied to machinery within the scope of this directive;
• The lack of transposed harmonized standards to support the directive;
• The scope of the directive was not entirely clear and, therefore, the definition of “machinery” needed to be refined.

The Machine Safety Directive of 2006 unlike the previous version which it repealed has not granted any transition period for compliance.

Regarding the scope of the MSD 2006/42/EC Directive, this applies to all machinery and to safety components. A machine is defined as “an assembly ... of linked parts or components, at least one of which moves…”. Clearly this definition encompasses a very large range of machines, from simple hand-held power tools through to complete automated industrial production lines.

There are some exclusions from the Directive, for example motor vehicles used on public roads (which follow the Directive 2007/46/EC), weapons and machines, lifts and toys which are covered by TSD 2009/48/EC. On the compliance aspect, this new Directive 2006/42/EC makes key changes to the Declaration of Conformity. The person who is authorized to compile the Technical File must be established in the European Community that is why any non-EU manufacturer that wants to enter the EU market must appoint a European Authorized Representative. Where appropriate, there must be a statement confirming Declaration of Conformity with other applicable directives.

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