Third amendment to the Machinery Directive (Amending Directive 95/16/EC) Legal base: Article 95, to facilitate the free movement of goods or services between Member States by removing technical barriers to trade.
DTI for guidance on policy and HSE for enforcement.
The Machinery Directive (89/392/EEC) and subsequent amendments (98/37/EC) were implemented in the UK by the Supply of Machinery (Safety) Regulations 1992 and the Supply of Machinery (Safety) (Amendment) Regulations 1994.
Proposals for a Third Amendment to the Machinery Directive were published in the Official Journal of the EU on 26 January 2001, and broadly consisted of improvements designed to simplify and clarify the existing Directive.
On 29 June 2006 the new Directive (2006/42/EC) came into force in the EU, with a full implementation date across the EU of 29 December 2009 when the previous Directive (98/37/EC) will be revoked.
A minor Statutory Instrument (SI 2005/831) (amending the original 1992 Regulations (SI 1992/3083)), subsequently amended in 1994 (by SI 1994/2063), came into force on 1 May 2005. The 2005 SI extends the penalties available in the event of breaches of the Directive. This SI is not connected with the proposed third amendment of the Directive.
The Machinery Directive sets out the procedures that manufacturers must conform to with certain essential health and safety requirements (EHSRs). Machinery that conforms to all relevant requirements can then carry the CE mark, showing compliance with the EHSRs of the Machinery Directive and all other relevant Directives.
The UK implementation of the new Machinery Directive (2006/42/EC) is being drafted by the Department for Business, Enterprise and Regulatory Reform (previously DTI) and went out for a three month consultation during summer of 2007, with a planned implementation date in the second quarter of 2008.
From 29 June, Member States have two years to transpose the Directive into their domestic legislation. The UK intends to publish Regulations in June 2008, which will come into force December 2009, in accordance with the Directive.
