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Conversion of new machinery directive 2006/42/EC Q&A

Conversion of new machinery directive 2006/42/EC Q&A

Conversion of new machinery directive 2006/42/EC Q&A

Frequently asked questions relating to the transition from the current Machinery Directive 98/37/EC to the revised Machinery Directive 2006/42/EC.

1. Question:Is there a transition period for application of Directive 2006/42/EC?

Answer :In general, there is no transition period, in the sense of a period during which both the current Machinery Directive and the new Machinery Directive are applicable with one exception: there is a transition period until 29th June 2011 for the particular case of portable cartridge-operated fixing and other impact machinery.

However there is a period of adaptation, since the provisions of the Directive 2006/42/EC become applicable on 29th December 2009. During this period, all of the stakeholders concerned will be able to take the necessary steps to ensure a smooth transition from the current Directive to the new Directive.

2. Question:Can manufacturers anticipate application of the new Machinery directive?

Answer:Yes and no. Manufacturers can and should anticipate application of Directive 2006/42/EC from a practical and technical point of view, however, from a formal, legal point of view, the Directive cannot be applied before 29th December 2009:

- From the practical and technical point of view, manufacturers are encouraged to review their products without delay and adapt them as necessary to take account of the requirements of the new Directive.

While machinery placed on the market before 29th December 2009 must continue to comply with Directive 98/37/EC, it can be assumed that a product that complies with the essential requirements of the new Machinery Directive continues to comply with the current Directive.

- From the formal, legal point of view, machinery can only be placed on the market with

reference to Directive 2006/42/EC as from 29th December 2009.

3. Question:When shall a manufacturer establish an EC Declaration of conformity according to Directive 2006/42/EC?

Answer:A manufacturer shall establish an EC Declaration of conformity according to Directive 2006/42/EC for products first placed on the market as from 29th December 2009.

In cases where the manufacturer cannot be certain on what date individual products will be first placed on the market, providing the products concerned comply with both the current and the new Directives, he may establish an EC Declaration of conformity referring to both Directive 98/37/EC and Directive 2006/42/EC. The reference to Directive 98/37/EC should be removed from the EC Declaration of conformity after the 29th December 2009.

4. Question:Can the current harmonised standards be used to comply with Directive 2006/42/EC?

Answer:Since there have been some modifications to the essential health and safety requirements set out in Annex I, it cannot be assumed that the current harmonised standards comply fully with Directive 2006/42/EC.

The European Commission is issuing a mandate to CEN and Cenelec to develop the necessary new stand

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