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Directive 2006/42/EC of the European Parliament and of the CouncilShow full title

Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast) (Text with EEA relevance)

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  1. Introductory Text

  2. Article 1.Scope

  3. Article 2.Definitions

  4. Article 3.Specific Directives

  5. Article 4.Market surveillance

  6. Article 5.Placing on the market and putting into service

  7. Article 6.Freedom of movement

  8. Article 7.Presumption of conformity and harmonised standards

  9. Article 8. Specific measures

  10. Article 9.Specific measures to deal with potentially hazardous machinery

  11. Article 10.Procedure for disputing a harmonised standard

  12. Article 11.Safeguard clause

  13. Article 12.Procedures for assessing the conformity of machinery

  14. Article 13.Procedure for partly completed machinery

  15. Article 14.Notified bodies

  16. Article 15.Installation and use of machinery

  17. Article 16.CE marking

  18. Article 17.Non-conformity of marking

  19. Article 18.Confidentiality

  20. Article 19.Cooperation between Member States

  21. Article 20.Legal remedies

  22. Article 21.Dissemination of information

  23. Article 21a. Exercise of the delegation

  24. Article 22.Committee

  25. Article 23.Penalties

  26. Article 24. Amendment of Directive 95/16/EC

  27. Article 25.Repeal

  28. Article 26.Transposition

  29. Article 27.Derogation

  30. Article 28.Entry into force

  31. Article 29.Addressees

    1. ANNEX I

      Essential health and safety requirements relating to the the design and construction of machinery

      1. GENERAL PRINCIPLES

        1. 1. The manufacturer of machinery or his authorised representative must ensure...

        2. 2. The obligations laid down by the essential health and safety...

        3. 3. The essential health and safety requirements laid down in this...

        4. 4. This Annex is organised in several parts. The first one...

        5. 1. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS

          1. 1.1. GENERAL REMARKS

            1. 1.1.1. Definitions

            2. 1.1.2. Principles of safety integration

            3. 1.1.3. Materials and products

            4. 1.1.4. Lighting

            5. 1.1.5. Design of machinery to facilitate its handling

            6. 1.1.6. Ergonomics

            7. 1.1.7. Operating positions

            8. 1.1.8. Seating

          2. 1.2. CONTROL SYSTEMS

            1. 1.2.1. Safety and reliability of control systems

            2. 1.2.2. Control devices

            3. 1.2.3. Starting

            4. 1.2.4. Stopping

              1. 1.2.4.1. Normal stop

              2. 1.2.4.2. Operational stop

              3. 1.2.4.3. Emergency stop

              4. 1.2.4.4. Assembly of machinery

            5. 1.2.5. Selection of control or operating modes

            6. 1.2.6. Failure of the power supply

          3. 1.3. PROTECTION AGAINST MECHANICAL HAZARDS

            1. 1.3.1. Risk of loss of stability

            2. 1.3.2. Risk of break-up during operation

            3. 1.3.3. Risks due to falling or ejected objects

            4. 1.3.4. Risks due to surfaces, edges or angles

            5. 1.3.5. Risks related to combined machinery

            6. 1.3.6. Risks related to variations in operating conditions

            7. 1.3.7. Risks related to moving parts

            8. 1.3.8. Choice of protection against risks arising from moving parts

              1. 1.3.8.1. Moving transmission parts

              2. 1.3.8.2. Moving parts involved in the process

            9. 1.3.9. Risks of uncontrolled movements

          4. 1.4. REQUIRED CHARACTERISTICS OF GUARDS AND PROTECTIVE DEVICES

            1. 1.4.1. General requirements

            2. 1.4.2. Special requirements for guards

              1. 1.4.2.1. Fixed guards

              2. 1.4.2.2. Interlocking movable guards

              3. 1.4.2.3. Adjustable guards restricting access

            3. 1.4.3. Special requirements for protective devices

          5. 1.5. RISKS DUE TO OTHER HAZARDS

            1. 1.5.1. Electricity supply

            2. 1.5.2. Static electricity

            3. 1.5.3. Energy supply other than electricity

            4. 1.5.4. Errors of fitting

            5. 1.5.5. Extreme temperatures

            6. 1.5.6. Fire

            7. 1.5.7. Explosion

            8. 1.5.8. Noise

            9. 1.5.9. Vibrations

            10. 1.5.10. Radiation

            11. 1.5.11. External radiation

            12. 1.5.12. Laser radiation

            13. 1.5.13. Emissions of hazardous materials and substances

            14. 1.5.14. Risk of being trapped in a machine

            15. 1.5.15. Risk of slipping, tripping or falling

            16. 1.5.16. Lightning

          6. 1.6. MAINTENANCE

            1. 1.6.1. Machinery maintenance

            2. 1.6.2. Access to operating positions and servicing points

            3. 1.6.3. Isolation of energy sources

            4. 1.6.4. Operator intervention

            5. 1.6.5. Cleaning of internal parts

          7. 1.7. INFORMATION

            1. 1.7.1. Information and warnings on the machinery

              1. 1.7.1.1. Information and information devices

              2. 1.7.1.2. Warning devices

            2. 1.7.2. Warning of residual risks

            3. 1.7.3. Marking of machinery

            4. 1.7.4. Instructions

              1. 1.7.4.1. General principles for the drafting of instructions

              2. 1.7.4.2. Contents of the instructions

              3. 1.7.4.3. Sales literature

        6. 2. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR CERTAIN CATEGORIES OF...

          1. 2.1. FOODSTUFFS MACHINERY AND MACHINERY FOR COSMETICS OR PHARMACEUTICAL PRODUCTS

            1. 2.1.1. General

            2. 2.1.2. Instructions

          2. 2.2. PORTABLE HAND-HELD AND/OR HAND-GUIDED MACHINERY

            1. 2.2.1. General

              1. 2.2.1.1. Instructions

            2. 2.2.2. Portable fixing and other impact machinery

              1. 2.2.2.1. General

              2. 2.2.2.2. Instructions

          3. 2.3. MACHINERY FOR WORKING WOOD AND MATERIAL WITH SIMILAR PHYSICAL CHARACTERISTICS...

          4. 2.4. MACHINERY FOR PESTICIDE APPLICATION

            1. 2.4.1. Definition

            2. 2.4.2. General

            3. 2.4.3. Controls and monitoring

            4. 2.4.4. Filling and emptying

            5. 2.4.5. Application of pesticides

              1. 2.4.5.1. Application rate

              2. 2.4.5.2. Distribution, deposition and drift of pesticide

              3. 2.4.5.3. Tests

              4. 2.4.5.4. Losses during stoppage

            6. 2.4.6. Maintenance

              1. 2.4.6.1. Cleaning

              2. 2.4.6.2. Servicing

            7. 2.4.7. Inspections

            8. 2.4.8. Marking of nozzles, strainers and filters

            9. 2.4.9. Indication of pesticide in use

            10. 2.4.10. Instructions

        7. 3. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET HAZARDS DUE...

          1. 3.1. GENERAL

            1. 3.1.1. Definitions

          2. 3.2. WORK POSITIONS

            1. 3.2.1. Driving position

            2. 3.2.2. Seating

            3. 3.2.3. Positions for other persons

          3. 3.3. CONTROL SYSTEMS

            1. 3.3.1. Control devices

            2. 3.3.2. Starting/moving

            3. 3.3.3. Travelling function

            4. 3.3.4. Movement of pedestrian-controlled machinery

            5. 3.3.5. Control circuit failure

          4. 3.4. PROTECTION AGAINST MECHANICAL HAZARDS

            1. 3.4.1. Uncontrolled movements

            2. 3.4.2. Moving transmission parts

            3. 3.4.3. Roll-over and tip-over

            4. 3.4.4. Falling objects

            5. 3.4.5. Means of access

            6. 3.4.6. Towing devices

            7. 3.4.7. Transmission of power between self-propelled machinery (or tractor) and recipient...

          5. 3.5. PROTECTION AGAINST OTHER HAZARDS

            1. 3.5.1. Batteries

            2. 3.5.2. Fire

            3. 3.5.3. Emissions of hazardous substances

          6. 3.6. INFORMATION AND INDICATIONS

            1. 3.6.1. Signs, signals and warnings

            2. 3.6.2. Marking

            3. 3.6.3. Instructions

              1. 3.6.3.1. Vibrations

              2. 3.6.3.2. Multiple uses

        8. 4. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET HAZARDS DUE...

          1. 4.1. GENERAL

            1. 4.1.1. Definitions

            2. 4.1.2. Protection against mechanical hazards

              1. 4.1.2.1. Risks due to lack of stability

              2. 4.1.2.2. Machinery running on guide rails and rail tracks

              3. 4.1.2.3. Mechanical strength

              4. 4.1.2.4. Pulleys, drums, wheels, ropes and chains

              5. 4.1.2.5. Lifting accessories and their components

              6. 4.1.2.6. Control of movements

              7. 4.1.2.7. Movements of loads during handling

              8. 4.1.2.8. Machinery serving fixed landings

                1. 4.1.2.8.1. Movements of the carrier

                2. 4.1.2.8.2. Access to the carrier

                3. 4.1.2.8.3. Risks due to contact with the moving carrier

                4. 4.1.2.8.4. Risk due to the load falling off the carrier

                5. 4.1.2.8.5. Landings

            3. 4.1.3. Fitness for purpose

          2. 4.2. REQUIREMENTS FOR MACHINERY WHOSE POWER SOURCE IS OTHER THAN MANUAL...

            1. 4.2.1. Control of movements

            2. 4.2.2. Loading control

            3. 4.2.3. Installations guided by ropes

          3. 4.3. INFORMATION AND MARKINGS

            1. 4.3.1. Chains, ropes and webbing

            2. 4.3.2. Lifting accessories

            3. 4.3.3. Lifting machinery

          4. 4.4. INSTRUCTIONS

            1. 4.4.1. Lifting accessories

            2. 4.4.2. Lifting machinery

        9. 5. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY INTENDED FOR...

          1. 5.1. RISKS DUE TO LACK OF STABILITY

          2. 5.2. MOVEMENT

          3. 5.3. CONTROL DEVICES

          4. 5.4. STOPPING

          5. 5.5. FIRE

          6. 5.6. EXHAUST EMISSIONS

        10. 6. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY PRESENTING PARTICULAR...

          1. 6.1. GENERAL

            1. 6.1.1. Mechanical strength

            2. 6.1.2. Loading control for machinery moved by power other than human...

          2. 6.2. CONTROL DEVICES

          3. 6.3. RISKS TO PERSONS IN OR ON THE CARRIER

            1. 6.3.1. Risks due to movements of the carrier

            2. 6.3.2. Risk of persons falling from the carrier

            3. 6.3.3. Risk due to objects falling on the carrier

          4. 6.4. MACHINERY SERVING FIXED LANDINGS

            1. 6.4.1. Risks to persons in or on the carrier

            2. 6.4.2. Controls at landings

            3. 6.4.3. Access to the carrier

          5. 6.5. MARKINGS

    2. ANNEX II

      Declarations

      1. 1. CONTENT

        1. A. EC DECLARATION OF CONFORMITY OF THE MACHINERY

        2. B. DECLARATION OF INCORPORATION OF PARTLY COMPLETED MACHINERY

      2. 2. CUSTODY

    3. ANNEX III

      CE marking

      1. The CE conformity marking shall consist of the initials ‘CE’...

      2. If the CE marking is reduced or enlarged the proportions...

      3. The various components of the CE marking must have substantially...

      4. The CE marking must be affixed in the immediate vicinity...

      5. Where the full quality assurance procedure referred to in Article...

    4. ANNEX IV

      Categories of machinery to which one of the procedures referred to in Article 12(3) and (4) must be applied

      1. 1. Circular saws (single- or multi-blade) for working with wood and...

      2. 2. Hand-fed surface planing machinery for woodworking.

      3. 3. Thicknessers for one-side dressing having a built-in mechanical feed device,...

      4. 4. Band-saws with manual loading and/or unloading for working with wood...

      5. 5. Combined machinery of the types referred to in points 1...

      6. 6. Hand-fed tenoning machinery with several tool holders for woodworking.

      7. 7. Hand-fed vertical spindle moulding machinery for working with wood and...

      8. 8. Portable chainsaws for woodworking.

      9. 9. Presses, including press-brakes, for the cold working of metals, with...

      10. 10. Injection or compression plastics-moulding machinery with manual loading or unloading....

      11. 11. Injection or compression rubber-moulding machinery with manual loading or unloading....

      12. 12. Machinery for underground working of the following types:

      13. 13. Manually loaded trucks for the collection of household refuse incorporating...

      14. 14. Removable mechanical transmission devices including their guards.

      15. 15. Guards for removable mechanical transmission devices.

      16. 16. Vehicle servicing lifts.

      17. 17. Devices for the lifting of persons or of persons and...

      18. 18. Portable cartridge-operated fixing and other impact machinery.

      19. 19. Protective devices designed to detect the presence of persons.

      20. 20. Power-operated interlocking movable guards designed to be used as safeguards...

      21. 21. Logic units to ensure safety functions.

      22. 22. Roll-over protective structures (ROPS).

      23. 23. Falling-object protective structures (FOPS).

    5. ANNEX V

      Indicative list of the safety components referred to in Article 2(c)

      1. 1. Guards for removable mechanical transmission devices.

      2. 2. Protective devices designed to detect the presence of persons.

      3. 3. Power-operated interlocking movable guards designed to be used as safeguards...

      4. 4. Logic units to ensure safety functions.

      5. 5. Valves with additional means for failure detection intended for the...

      6. 6. Extraction systems for machinery emissions.

      7. 7. Guards and protective devices designed to protect persons against moving...

      8. 8. Monitoring devices for loading and movement control in lifting machinery....

      9. 9. Restraint systems to keep persons on their seats.

      10. 10. Emergency stop devices.

      11. 11. Discharging systems to prevent the build-up of potentially dangerous electrostatic...

      12. 12. Energy limiters and relief devices referred to in sections 1.5.7,...

      13. 13. Systems and devices to reduce the emission of noise and...

      14. 14. Roll-over protective structures (ROPS).

      15. 15. Falling-object protective structures (FOPS).

      16. 16. Two-hand control devices.

      17. 17. Components for machinery designed for lifting and/or lowering persons between...

    6. ANNEX VI

      Assembly instructions for partly completed machinery

      1. The assembly instructions for partly completed machinery must contain a...

      2. The assembly instructions must be written in an official Community...

    7. ANNEX VII

      1. A. Technical file for machinery

        1. 1. The technical file shall comprise the following:

        2. 2. The technical file referred to in point 1 must be...

        3. 3. Failure to present the technical file in response to a...

      2. B. Relevant technical documentation for partly completed machinery

    8. ANNEX VIII

      Assessment of conformity with internal checks on the manufacture of machinery

      1. 1. This Annex describes the procedure by which the manufacturer or...

      2. 2. For each representative type of the series in question, the...

      3. 3. The manufacturer must take all measures necessary in order that...

    9. ANNEX IX

      EC type-examination

      1. EC type-examination is the procedure whereby a notified body ascertains...

      2. 1. The manufacturer or his authorised representative must, for each type,...

      3. 2. For each type, the application for an EC type-examination shall...

      4. 3. The notified body shall:

      5. 4. If the type satisfies the provisions of this Directive, the...

      6. 5. If the type does not satisfy the provisions of this...

      7. 6. The applicant shall inform the notified body which retains the...

      8. 7. The Commission, the Member States and the other notified bodies...

      9. 8. Files and correspondence referring to the EC type-examination procedures shall...

      10. 9. Validity of the EC type-examination certificate

      11. 9.1. The notified body has the ongoing responsibility of ensuring that...

      12. 9.2. The manufacturer of the machinery concerned has the ongoing responsibility...

      13. 9.3. The manufacturer shall request from the notified body the review...

      14. 9.4. In the event that the validity of the EC-type examination...

    10. ANNEX X

      Full quality assurance

      1. This Annex describes the conformity assessment of machinery referred to...

      2. 1. The manufacturer must operate an approved quality system for design,...

      3. 2. Quality system

      4. 2.1. The manufacturer or his authorised representative shall lodge an application...

      5. 2.2. The quality system must ensure conformity of the machinery with...

      6. 2.3. The notified body shall assess the quality system to determine...

      7. 2.4. The manufacturer shall undertake to fulfil the obligations arising from...

      8. 3. Surveillance under the responsibility of the notified body

      9. 3.1. The purpose of surveillance is to make sure that the...

      10. 3.2. The manufacturer shall, for inspection purposes, allow the notified body...

      11. 3.3. The notified body shall conduct periodic audits to make sure...

      12. 3.4. Moreover, the notified body may pay the manufacturer unannounced visits....

      13. 4. The manufacturer or his authorised representative shall keep available for...

    11. ANNEX XI

      Minimum criteria to be taken into account by Member States for the notification of bodies

      1. 1. The body, its director and the staff responsible for carrying...

      2. 2. The body and its staff shall carry out the verification...

      3. 3. For each category of machinery for which it is notified,...

      4. 4. The staff responsible for inspection shall have:

      5. 5. The impartiality of inspection staff shall be guaranteed. Their remuneration...

      6. 6. The body shall take out liability insurance unless its liability...

      7. 7. The staff of the body shall be bound to observe...

      8. 8. Notified bodies shall participate in coordination activities. They shall also...

      9. 9. Member States may take all necessary measures they regard as...

    12. ANNEX XII

      Correlation table

      1. Directive 98/37/EC This Directive Article 1(1) Article 1(1) Article 1(2)(a)...

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