The 2006/42/CE Directive dated 17 May 2006 (also known as the “new Machinery Directive”) was implemented in Italy with Decree Law 27 January 2010, n. 17 (published on 19-2-2010 in the ordinary Supplement n. 36/L of the Official Journal – general issue – n. 41) and replaces the 98/37/CE Directive of the European Parliament in force from 21 September 1996 (also known as the “Machinery Directive”), published in the Official Journal n. L 207 of 23/07/1998, which referred to all types of machinery and their safety components placed alone on the market. (This directive applied modification to the EC 89/392/EEC Directive of the Council, dated 14 June 1989).
The EU 2006/42/CE Directive is applied to fixed, movable, portable machinery and lifting/moving machinery, even if some machines remain excluded from the field of application of such Directive. The Directive defines the essential requirements regarding health and safety with which the above mentioned Machines must conform from the design phase to manufacturing right up to placing on the market.
The Directive places the machinery in two big macro groups:
- machinery which must be certified by notified third-party body
- machinery which the manufacturer can certify himself
Conformity of the Machinery listed in annex IV of the same Directive with the above mentioned requirements is established through a number assessment procedures carried out by an appointed body (Notified Certification Body).
For all other machinery it is sufficient to draft and store a Technical File as per what outlined in annex VII of the Directive. In this case “Technical File” refers to the machinery and “Pertinent Technical Documentation” refers to the partly-compled machinery.
Machinery which has been placed on the market or have been modified after Directive came in force, must have CE marking and must come with the appropriate documentation. Products which do not meet the Directive requirements cannot access the European Common Market (ECM).
