Hello CE experts, The Machinery Directive 2006/42/EC seems to have what appears to be somewhat contradictory statements however I'm sure some experts out there can make some logical comments.
Article 4 on Market surveillance "1. Member States shall take all appropriate measures to ensure that machinery may be placed on the market and/or put into service only if it satisfies the relevant provisions of this Directive... 3. Member States shall institute or appoint the competent authorities to monitor the conformity of machinery and partly completed machinery with the provisions set out in paragraphs 1 and 2." Article 7 Presumption of conformity and harmonised standards "1. Member States shall regard machinery bearing the CE marking and accompanied by the EC declaration of conformity, the content of which is set out in Annex II, part 1, Section A, as complying with the provisions of this Directive." Article 7 says machinery marked CE with a DoC should be accepted as compliant by member states and article 4 says member states must ensure only compliant machinery goes into market/service. So does that mean that member states need only to ensure that only CE marked machinery with DoC is allowed to go to market/service or does it mean that member states need to question/review/inspect that CE marked machinery is in fact compliant or both? If only the former then under what conditions does EU law allow member states to question/inspect/review compliance of CE marked machinery? Are there AHJs in the EU with final authority as there are in the US? David P. Nyffenegger, PMP, SM-IEEE Product Development Manager Bell and Howell - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to <[email protected]> All emc-pstc postings are archived and searchable on the web at: http://www.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://www.ieee-pses.org/list.html (including how to unsubscribe) List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <[email protected]> Mike Cantwell <[email protected]> For policy questions, send mail to: Jim Bacher: <[email protected]> David Heald: <[email protected]>
