Directive 2006/42 - Machinery, and amending Directive 95/16/EC (recast) - Main contents
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official 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)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2006/42 |
| Original proposal | COM(2000)899  |
| CELEX number i | 32006L0042 |
| Document | 17-05-2006 |
|---|---|
| Publication in Official Journal | 09-06-2006; OJ L 157, 9.6.2006,Special edition in Bulgarian: Chapter 13 Volume 053,Special edition in Romanian: Chapter 13 Volume 053,Special edition in Croatian: Chapter 13 Volume 039 |
| Effect | 29-06-2006; Entry into force Date pub. + 20 See Art 28 |
| End of validity | 20-04-2016; Partial end of validity Art. 24 Implicitly repealed by 32014L0033 19-01-2027; Repealed by 32023R1230 |
| Transposition | 29-06-2008; At the latest See Art 26.1 |
9.6.2006 |
EN |
Official Journal of the European Union |
L 157/24 |
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)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1) |
Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery (4) codified Directive 89/392/EEC (5). Now that new substantial amendments are being made to Directive 98/37/EC, it is desirable, in order to clarify matters, that that Directive should be recast. |
(2) |
The machinery sector is an important part of the engineering industry and is one of the industrial mainstays of the Community economy. The social cost of the large number of accidents caused directly by the use of machinery can be reduced by inherently safe design and construction of machinery and by proper installation and maintenance. |
(3) |
Member States are responsible for ensuring the health and safety on their territory of persons, in particular of workers and consumers and, where appropriate, of domestic animals and goods, notably in relation to the risks arising out of the use of machinery. |
(4) |
In order to ensure legal certainty for users, the scope of this Directive and the concepts relating to its application should be defined as precisely as possible. |
(5) |
The Member States' mandatory provisions governing construction site hoists intended for lifting persons or persons and goods, which are often supplemented by de facto compulsory technical specifications and/or by voluntary standards, do not necessarily lead to different levels of health and safety but, because of their disparities, do nevertheless constitute barriers to trade within the Community. Moreover, the national systems for the conformity assessment and certification of these machines diverge considerably. It is therefore desirable not to exclude from the scope of this Directive construction site hoists intended for lifting persons or persons and goods. |
(6) |
It is appropriate to exclude from the scope of this Directive weapons, including firearms, that are subject to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (6); the exclusion of firearms should not apply to portable cartridge-operated fixing and other impact machinery designed for industrial or technical purposes only. It is necessary to provide for transitional arrangements enabling Member States to authorise the placing on the market and putting into service of such machinery manufactured in accordance with national provisions in force upon adoption of this Directive, including those implementing the Convention of 1 July 1969 on the Reciprocal Recognition of Proofmarks on Small Arms. Such transitional arrangements will also enable the European standardisation organisations to draft standards ensuring the safety level based on the state of the art. |
(7) |
This Directive does not apply to the lifting of persons by means of machines not designed for the lifting of persons. However, this does not affect the right of Member States to take national measures, in accordance with the Treaty, with respect to such machines, with a view to implementing Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by... |
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