MACHINERY DIRECTIVE (5557/01)
Letter from Lord Sainsbury of Turville,
Parliamentary Under Secretary of State for Science and Innovation,
Department of Trade and Industry to the Chairman
I am writing to you to update you on the latest
position on EM 5557/01.
In December 2005 the European Parliament voted
to accept this third Amendment of the Machinery Directive at Second
Reading. The adopted text incorporated nine minor amendments to
the Common Position text, detailed in the attached document CODEC
1179, that had previously been agreed by a Council of Ministers
in September 2004.
The amendments, which considered both individually
and as a package, make a very marginal difference to the Common
Position, are summarised below (according to the order in which
they appear in the text).
Amendment 22 clarifies the position
on tractors in that those risks covered by the Machinery Directive
will cease to apply once the same provisions are contained in
a revised Tractors Directive.
Amendment 20 simply reinforces the
need, already established in the Common Position, for Member States
to have in place proper procedures for ensuring their market surveillance
activity can be carried out successfully.
Amendments 2 and 8 express the formulation
"and/or" in the English text in a different way so as
to make it more intelligible, and thus easier, apparently, to
translate into other languages. The net effect is to control the
usage of markings that may appear alongside the CE marking, and
that might therefore have the potential to mislead, even more
firmly than previously and is welcome on that account.
Amendments 4 and 5 both address the
interface between the scopes of this directive and the Low Voltage
directive (73/23/EEC). The former was accepted on all sides as
providing a clearer expression of the excluded items whilst on
the latter, although most interpretations of the term "machinery"
as defined in the existing Common Position would not include "electric
motors" anyway, it was accepted that there was enough potential
for confusion here to justify the insertion of an explicit exclusion
to that effect.
Amendment 21/revised bolsters the
protection of confidential information obtained by Member States
in the execution of their tasks by expanding on the Common Position
concept of "professional secrecy".
Amendment 13 restricts the application
of the essential requirement on stability of machinery to the
pre-scrapping phases of its usage. This was a concession to the
manufacturer's lobby although the restriction is only arguable,
as the term "any other action" remains alongside the
phases of usage that are explicitly included.
Amendment 23 introduces the concept
of audit review of technical files into the new full quality assurance
module which is made available as an option for machinery covered
by Annex W, ie machinery regarded as particularly hazardous.
The new text, after translation into all Member
States' languages, will be subject to jurists-linguists action.
The revised text will need to be formally ratified by a Council
of Ministers and then published in the Official Journal of the
European Journal before coming into force 20 days later.
Timescales are difficult to predict but it is
anticipated that jurist-linguists action will be completed by
Easter, ratification will be completed by early May, and publication
by early June 2006.
This would mean the Directive coming into mandatory
force from December 2009/January 2010.
30 January 2006
Letter from the Chairman to Lord Sainsbury
Thank you for your letter of 30 January 2006
providing an update on this document which Sub-Committee B considered
at its meeting on 13 February 2006.
Members noted that the time-scale for the publication
and coming-into-force of this Directive is still rather vague
and so I would ask that you would keep us informed as things become
15 February 2006
Letter from Lord Sainsbury of Turville
to the Chairman
Thank you for your letter of 15 February 2006
which stated that the "time-scale for the publication and
coming-into-force of this Directive is still rather vague"
and asking for further information as issues became clearer.
I apologise for the delay in replying on the
timetable on the Machinery Directive and can now update you on
the latest position.
I can confirm that the new Machinery Directive,
2006/42/EC, was published on the 9 June 2006 and entered into
force on 29 June 2006. Member States have until the 29 June 2008
to transpose it into their national legislation and to apply those
provisions from 29 December 2009.
31 July 2006