Directive 2006/42 - Machinery, and amending Directive 95/16/EC (recast) - Main contents

SUMMARY OF:

Directive 2006/42/EC on machinery

WHAT IS THE AIM OF THE DIRECTIVE?

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  It enables machinery that meets European Union (EU) health and safety requirements to be moved freely throughout the EU. This means that workers and the public are well protected when they use or come into contact with machinery.
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  The health and safety requirements are compulsory, but the standards that give presumption of conformity with those requirements, the references of which are published in the Official Journal of the European Union, are voluntary.
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  It only applies to products when they are first placed on the EU market.
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  It helps the EU to be more innovative, efficient and competitive.

KEY POINTS

Scope

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  The directive covers machinery, interchangeable equipment, safety components, lifting accessories, chains, ropes and webbing, removable mechanical transmission devices and partly completed machinery.
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  It does not cover other types of machinery, such as machinery used in fairgrounds, the nuclear industry, laboratories and mines or by the military or police.

Manufacturers’ obligations

Manufacturers must:

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  carry out a risk assessment to identify which health and safety requirements apply to their machinery;
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  keep the risk assessment in mind when designing and building their machinery;
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  determine what limits there are on using the machinery;
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  identify any possible hazards;
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  assess the risk of their machinery causing severe injury or damage and take action to make their machinery safer;
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  make sure that their machinery complies with the essential health and safety requirements listed in Annex I to the directive;
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  provide a technical document confirming that the machinery meets the directive’s requirements;
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  make sure that they are applying conformity assessment procedures and that they are making all necessary information available, including instructions for assembly and use;
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  check that they have filled in the declaration of conformity and that the CE conformity marking has been put on the machinery so that it can be used anywhere in the EU.

European Commission powers to adopt delegated and implementing acts

Under amending Regulation (EU) 2019/1243, the European Commission is given the power to adopt delegated acts to amend the indicative list of safety components in Annex V to Directive 2006/42/EC.

To ensure uniform conditions for the implementation of Directive 2006/42/EC, the Commission is given powers to introduce necessary measures to deal with potentially hazardous machinery by means ofimplementing acts. Those powers must be exercised in accordance with Regulation (EU) No 182/2011 (see summary).

FROM WHEN DO THE RULES APPLY?

Directive 2006/42/EC had to be transposed into national law by 29 June 2008. These rules should apply from 29 December 2009.

BACKGROUND

For further information, see:

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  Machinery (European Commission)

Directive 2006/42/EC revised and replaced Directive 98/37/EC and its subsequent amendments.

MAIN DOCUMENT

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) (OJ L 157, 9.6.2006, pp. 24–86).

Successive amendments to Directive 2006/42/EC have been incorporated in the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, pp. 13–18).

Commission communication in the framework of the implementation of Directive 2006/42/EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 54, 13.2.2015, pp. 1–79).

Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, pp. 82–128).

last update 28.04.2022

This summary has been adopted from EUR-Lex.