Global Site | english

CE marking

Which MD is applicable when conducting a retrospective conformity assessment for a machine?

If a machine was placed on the market after 01.01.1995 and has no EC declaration of conformity, must the conformity assessment procedure be carried out in accordance with the "old" Machinery Directive (MD) 98/37/EC or the "new" Machinery Directive 2006/42/EC?

Date on which the machine is placed on the market/put into service

The requirements are based on the date on which the machine was first placed on the market/put into service within the European Economic Area (EEA). The "old" Machinery Directive 98/37/EC makes no reference to any "effective date" for application. In the "new" Machinery Directive 2006/42/EC, the terms placing on the market and putting into service are clearly defined (see Article 2).

European law has been adopted into domestic law; in Germany, for example, it is the Equipment and Product Safety Act (GPSG). §4 of the GPSG states that in the case of technical work equipment, the legal situation at the time it is first placed on the market in the European Economic Area shall apply. This means that in the case of a retrospective conformity assessment for a machine, the legal situation at the time it was first placed on the market and, with "in-house production", the time it was first put into service within the EEA shall apply. However, the operator/employer must establish whether the industrial safety regulations (BetrSichV) contain further obligations for the time the machine was first placed on the market or put into service. There is no mention of legacy protection in BetrSichV, it merely sets out the date for the legal position of an item of work equipment.

 

Headoffice

Pilz GmbH & Co. KG
Felix-Wankel-Straße 2
73760 Ostfildern
Germany

Telephone: +49 711 3409-0
E-Mail: pilz.gmbh@pilz.de

Technical Support

Telephone: +49 711 3409 444
E-Mail: support@pilz.com

Americas

  • United States (toll-free): +1 877-PILZUSA (745-9872)
  • Canada: +1 888-315-PILZ (315-7459)
  • Brazil: + 55 11 4942-7028
  • Mexico: +52 55 5572 1300

Europe

  • Finland: +358 10 3224030 / +45 74436332
  • Ireland: +353 21 4804983
  • Italy: +39 0362 1826711
  • Netherlands: +31 347 320477
  • Turkey: +90 216 5775552
  • France (toll-free): +33 3 88104000
  • United Kingdom: +44 1536 462203
  • Russia: +74956654993
  • Denmark: +45 74436332
  • Austria: +43 1 7986263-444
  • Germany: +49 711 3409 444
  • Belgium: +32 9 321 75 75
  • Spain: +34 938497433
  • Sweden: +46 300 13990 / +45 74436332
  • Switzerland: +41 62 88979 30

Asia Pacific

  • Taiwan: +886 2 25681600
  • China: +86 21 60880878-216
  • Japan: +81 45 471 2281
  • Australia: +61 3 9560 0621
  • New Zealand: +64 9 6345350
  • South Korea: +82 31 778 3390