Dave, Article 7 of the Machinery Directive is specifically about the presumption of conformity and paragraph 1 basically means that Member States (‘ authorities) shall presume compliance of CE marked machinery accompanied by a DoC. This does not mean that they cannot check compliance anymore. Article 4 gives the Member States the assignment to do market surveillance. However, in this case there are procedures to follow.
Article 7 and article 4 need to be read in conjunction with Article 11, the so called Safeguard clause, and also in conjunction with Article 10. Paragraph 1 of Article 11 formulates the criteria in which Market Surveillance can still check compliance of CE marked machinery. The other paragraphs of Article 11 formulate the procedures that has to be followed. The purpose of the procedures in Articles 11 and 10 is to ensure that if the non-compliance is due to a fail of the system (for example the machine complies with all relevant harmonised standards, but is still unsafe), the measures will be taken to correct the system (in the example, by repealing the presumption of conformity of (parts of) the standard(s) or by requiring the amendment of the standard). Kind Regards, Han On August 6, 2014 at 5:39:22 AM, Nyffenegger, Dave ([email protected]) wrote: 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]> - ---------------------------------------------------------------- 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]>
