Basic requirements of the Supply of Machinery (Safety) Regulations as amended
As a designer you need to know that a manufacturer (or any other supplier) placing machinery on the market and putting into service anywhere in the UK or the rest of the European Economic Area (EEA) for the first time must comply with the following requirements:-
- Ascertain that the product is either a "relevant machine" in accordance with Reg. 3 to Reg. 10: safety component or lifting accessory as defined by the Regulations or be machines for incorporation as defined by Reg. 23 and Schedule 2 of the Amending Regulations.
- Meet the requirements of any other Regulations (implementing EU Directives) that deal with a specific risk in accordance with Reg. 10.
- Comply with the requirements of Reg. 11 and Reg. 12 and in particular the Essential Health and Safety Requirements (EHSRs) of Schedule 3 including those set out in Schedule 1 of the Amending Regulations (see sections 5, 6 and 7 of this guide).
- Provide information on use, maintenance, training, supervision and personal protective equipment in accordance with Schedule 3, ESR 1.7.4. including Schedule 1 of the Amending Regulations.
- Compile and keep available a technical file in accordance with Reg. 13, (for Schedule 4) Reg. 14 or Reg. 15.
- Make a declaration of conformity in accordance with Reg. 22. There are special requirements for certain machines that may involve an EC Type examination in accordance with Reg. 21 by an Approved Body (appointed in accordance with Reg. 17 and Reg. 18) and the issue of a Certificate of Adequacy in accordance with Reg. 20 and in accordance with Schedules 1 and 2 of the Amending regulations (see section 8 of this guide).
- Make a declaration of conformity in accordance with Reg 23 for those machines intended for incorporation with other machines.
- Put certain information, such as maker's name, on the machine in accordance with Schedule 2 of the Amending Regulations.
- Put on the CE mark in accordance with Reg. 25 and Schedule 1 and 3 of the Amending Regulations (see section 8 of this guide).
Having complied with these requirements the manufacturer can freely place the machine on the market anywhere within the EEA. Should a manufacturer fail to comply with these requirements there may well be a breach of the criminal law in both the country of origin and the country of supply. Placing on the market for the first time, means on the Single Market (within the EEA) after 1st January 1995, when the provisions of the Machinery Regulations (with certain exceptions) became mandatory.
This would exclude from the Machinery Regulations second-hand machines already in use in Member States before 1st January 1995 but would include second-hand machines originating from outside the EEA which are placed on the Single Market after that date. The Machinery Regulations also cover machines made or assembled within the within an organisation for its own use. More Guidance can be obtained from a range of material available from our publications pages and in particular the "Guidance notes on UK Regulations" which gives consolidated guidance on the Machinery Regulations and their Amendments.
The UK manufacturer or supplier is required to comply with the Machinery Regulations and this gives the right to sell the machine or product anywhere within the EU as complying with the Machinery Directive and hence the implementing regulation in place in the other Member States. Therefore, a complete knowledge of the Machinery Regulations is an essential prerequisite to supplying the machine or product.
However, the Machinery Directive may have been implemented in other EEA States in a different way to the UK Regulations and there may be problems in achieving a consistent interpretation of the EHSRs. It is therefore a good idea to be familiar with the Machinery Directive (and any other relevant Directive) as this represents the common factor between such implementing regulations. The use of the appropriate Harmonised standards can also help in achieving the correct level of compliance as well as establishing a common level of understanding. Comprehensive information on directives, conformity assessment and Harmonised Standards can be obtained from the Commission's New Approach programme website.
NB. There is a proposal before the EU Council of Ministers for a complete revision of the Machinery Directive. The UK is taking a leading role in the negotiations in the Council Working Group. The current position can be obtained from the BERR commentary on the Machinery Supply Regulations page but it should be emphasised that the introduction of any new proposals into UK law is some years away and that the existing Machinery Regulations will remain in force for the foreseeable future.