EU requirements: EU Directive 2006/42/EC (the “Machinery Directive”) sets out requirements relating to machinery and related products and components. The requirements include safety objectives for the design and manufacture of machinery, labelling requirements, and the applicable conformity assessment procedures. The Machinery Directive also sets out obligations of manufacturers, importers, and distributors.
If you manufacture, import or distribute machinery or other products in the scope of this legislation, you must comply with the requirements of the Machinery Directive. You must also comply with national laws and regulations in Member States, which implement the Machinery Directive.
Please see below for further information about EU requirements.
UK requirements: The Supply of Machinery (Safety) Regulations 2008/1597 (the "Machinery Regulations") set out requirements relating to machinery and related products and components. The requirements include safety objectives for the design and manufacture of machinery, labelling requirements, and the applicable conformity assessment procedures.
If you manufacture, import or distribute machinery or other products in the scope of this legislation, you must comply with the requirements of the Machinery Regulations for products sold in the UK. Different rules apply to goods you sell in: (1) Great Britain (England, Scotland and Wales); and (2) Northern Ireland. If you also sell these products on Amazon EU website(s), you must also comply with national laws and regulations in EU Member States, which implement the EU's Machinery Directive (2006/42/EC).
Please see below for further information about UK Requirements.
This material is for informational purposes only and it is not intended as legal advice. We encourage you to consult your legal counsel for any concerns about the laws and regulations related to your product. This material only reflects the position at the date of writing and requirements in the EU and the UK may change – particularly in light of the developing position with Brexit. You should refer to current UK Brexit guidance about your products (see below) to learn more about changes that may affect you following the end of the transition period.
I. EU Requirements
The Machinery Directive applies to machinery, interchangeable equipment, safety components, lifting accessories, chains, ropes and webbing, removable mechanical transmission devices; and partly completed machinery.
The Machinery Directive defines “machinery” broadly. If you are uncertain whether your product meets the definition of machinery, please seek appropriate expert or legal advice.
There are a number of exemptions to the Machinery Directive, including, for example, certain electrical equipment in the scope of the Low Voltage Directive and not subject to the Machinery Directive (e.g. Household appliances intended for domestic use), machinery for specific use in fairgrounds and/or amusement parks.
The Machinery Directive sets out obligations for manufacturers of machinery and authorised representatives.
EU Declaration of Conformity and CE marking
Manufacturers or authorised representatives’ responsibilities include:
Where other CE marking directives apply, the marking should indicate that the machinery also conforms to the relevant provisions of those other directives.
Manufacturers and authorised representatives must keep a copy of the technical documentation and EU declaration of conformity for 10 years after the machinery has been offered for sale or supply in the EU.
Labelling and information:
Manufacturers or authorised representatives must ensure that the machinery is marked with :
In addition, proper instructions and the EU Declaration of Conformity must accompany the machinery, which should be in the official Community language or languages of the Member State(s) in which it is offered for sale or supply and/or put into service.
As explained above, the definition of "manufacturer" under the Machinery Directive is broad, and so the obligations above might apply to those who import/distribute machinery in the EU.
In this case, the European Commission’s Blue Guide on the implementation of EU product rules states that it applies to the Machinery Directive. To the extent that there are no specific provisions in the Machinery Directive, importers, and distributors will have obligations under the New Legislative Framework, specifically under Decision 768/2008.
For importers, the responsibilities include ensuring the following:
For distributors, this might include:
In addition, Machinery Directive Guidance states that importers and distributors of machinery must ensure that instructions are passed onto the user.
Where machinery marking does not conform with the Machinery Directive, the manufacturer or authorised representative is obliged to make the product conform and to put an end to the infringement. If the non-conformity persists, a Member State will respond appropriately to restrict or prohibit the sale of the product in question or to ensure that it is withdrawn from sale.
Per Decision 768/2008, importers and distributors should:
We strongly encourage you to visit the European Commission’s website for more information on the Machinery Directive:
The Machinery Regulations apply to all products sold in the UK, but the provisions apply differently to Great Britain (England, Scotland and Wales, "GB") and Northern Ireland. You can read more about the position in Northern Ireland ("NI") below.
The Machinery Regulations apply to machinery, interchangeable equipment, safety components, lifting accessories, chains, ropes and webbing, removable mechanical transmission devices; and partly completed machinery.
The Machinery Regulations define "machinery" broadly. If you are uncertain whether your product meets the definition of machinery, please seek appropriate expert or legal advice.
There are a number of exemptions to the Machinery Regulations, including certain electrical equipment which are regulated by the UK's Electrical Equipment (Safety) Regulations 2016/1101, which are not subject to the Machinery Regulations (e.g. Household appliances intended for domestic use, audio and visual equipment, information technology equipment, ordinary office machinery, low-voltage switchgear and control gear and electric motors).
The Machinery Regulations set out obligations for manufacturers of machinery and authorized representatives.
UK Declaration of Conformity and conformity marking
Manufacturers or authorised representatives’ responsibilities include:
Where other conformity marking directives apply, the marking should indicate that the machinery also conforms to the relevant provisions of those other directives.
Manufacturers and authorised representatives must keep a copy of the technical documentation and UK declaration of conformity for 10 years after the machinery has been offered for sale or supply.
Labelling and information:
Manufacturers or authorised representatives must ensure that the machinery is marked with:
In addition, proper instructions and a copy of the Declaration of Conformity must accompany the machinery. These must be in English. A specific Declaration of Conformity that refers to UK legislation and standards will be required for products sold in GB with a UKCA mark from 1 January, 2021. See the "BREXIT: UK Government Guidance" section below for links to the UK Government guidance on this.
As explained above, the definition of "manufacturer" under the Machinery Regulations is broad, and obligations apply to those who manufacture machinery or, where there is no such person, those who supply or put into service machinery in GB.
Additional legislative regimes may apply to machinery which impose obligations on importers and distributors. It is your responsibility to ensure you comply with applicable legislation.
Northern Ireland: Please note that different rules will apply in NI from 1 January 2021 as a result of the Northern Ireland Protocol. In particular:
Where machinery does not conform with the Machinery Regulations, but is safe, the manufacturer or authorised representative should immediately take steps to make the product conform and to put an end to the infringement. If the non-conformity means the product is unsafe, or if it persists, the relevant UK Authority (the Health and Safety Executive ("HSE") for machinery for use at work, or Trading Standards for machinery for private use) may take steps to restrict or prohibit the sale of the product in question or to ensure that it is withdrawn and/or recalled from sale. It is an offence to sell non-compliant machinery.
The UK Government has released guidance on selling products in GB and NI after Brexit. This guidance provides information for manufacturers, importers and distributors regarding compliance requirements from 1 January 2021, including on:
We encourage you to review this guidance (linked below), alongside any other specific UK Government guidance that applies to your product. You should consult your legal counsel if you have questions about how the laws and regulations apply to your products from 1 January 2021.
The Brexit guidance can be found here:
GB:
NI:
We strongly encourage you review the below UK Government guidance for more information on the Machinery Regulation:
The following HSE guidance also contains information on the impact of Brexit on machinery:
We also encourage you to visit the Business Companion website, which contains guidance on UK product compliance rules: