Machinery safety

SUMMARY OF:

Directive 2006/42/EC on machinery

WHAT IS THE AIM OF THE DIRECTIVE?

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.
The health and safety requirements are compulsory, but the standards that give presumption of conformity* with the requirements, whose references are published in the Official Journal of the European Union, are voluntary.
It only applies to products when they are first placed on the EU market.
It helps the EU to be more innovative, efficient and competitive.
It has been repealed by Regulation (EU) 2023/1230 (see summary), although it will remain applicable until 19 January 2027.

KEY POINTS

Scope

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

Manufacturers’ obligations

Manufacturers must:

carry out a risk assessment to identify which health and safety requirements apply to their machinery;
keep the risk assessment in mind when designing and building their machinery;
determine the limits on using the machinery;
identify any potential hazards;
assess the risk of their machinery causing severe injury or damage and take measures to make it safer;
make sure that their machinery complies with the essential health and safety requirements listed in Annex I to the directive;
provide a technical document confirming that the machinery meets the directive’s requirements;
ensure that they apply conformity assessment procedures and provide all necessary information, including instructions for assembly and use;
fill in the declaration of conformity and ensure 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 of implementing acts. These powers must be exercised in accordance with Regulation (EU) No 182/2011 (see summary).

Repeal

Directive 2006/42/EC is repealed and replaced by Regulation (EU) 2023/1230 (see summary) as of 20 January 2027.

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

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

For further information, see:

Machinery (European Commission).

KEY TERMS

Presumption of conformity. A situation where manufacturers follow harmonised standards in the design and manufacture of their products, their products are considered to be in line with the relevant EU rules.

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 into the original text. This consolidated version is of documentary value only.

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