Article 1 (2) (k) – sixth indent
4. Where machinery is also the subject of other Directives relating to other aspects and providing for the affixing of the CE marking, the marking shall indicate that the
4. Where machinery is also the subject of other Directives relating to other aspects and providing for the affixing of the CE marking, the marking shall indicate that the machinery also conforms to the provisions of those other Directives.
However, where one or more of those Directives allow the manufacturer or his authorised representative to choose, during a transitional period, the system to be applied, the CE marking shall indicate conformity only to the provisions of those Directives applied by the manufacturer or his authorised representative. Particulars of the Directives applied, as published in the Official Journal of the European Union, shall be given on the EC declaration of conformity.
§106 CE marking according to other EU legislation
Article 5 (4) concerns the obligation referred to in Article 5 (1) (f): the affixing of the CE marking. Article 5 (4) is a reminder that other EU legislation (Regulations or Directives) providing for the affixing of the CE marking may be applicable to machinery or partly completed machinery (note that although under the Machinery Directive a CE mark must not be placed on partly completed machinery, it may carry a CE mark due to other relevant EU legislation applying such as ATEX – see §251: comments on Annex I 1.7.3 – 3rd paragraph). In that case, the manufacturer must ensure that he has fulfilled his obligations according to all of the EU legislation applicable to his product before affixing the CE marking – see §89 to §92: comments on Article 3.
Besides the CE marking of machinery as proof of their compliance with the relevant EU Directives and Regulations requiring CE-marking, other mandatory affixing and marking may be required by EU legislation107.
106 See clause 6.8 "Verification of the safety requirements and/or protective/risk reduction measures" of CEN Guide 414:2004 Safety of machinery - Rules for the drafting and presentation of safety standards.
107 See the Blue Guide on the implementation of EU products rules 2016, sections 4.5.1.7. and 4.5.2.
101
Article 6
Freedom of movement
1. Member States shall not prohibit, restrict or impede the placing on the market and/or putting into service in their territory of machinery which complies with this Directive.
2. Member States shall not prohibit, restrict or impede the placing on the market of partly completed machinery where the manufacturer or his authorised representative makes a declaration of incorporation, referred to in Annex II, part 1, Section B, stating that it is to be incorporated into machinery or assembled with other partly completed machinery to form machinery.
. . .
§107 Free movement of machinery and partly completed machinery
Article 6 (1) and (2) set out obligations intended to fulfil one of the fundamental objectives of the Machinery Directive: the free movement of machinery and partly completed machinery within the single market.
In Article 6 (1), the term 'machinery' is used in the broad sense to designate all of the products referred to in Article 1 (1) (a) to (f) – see §33: comments on the first paragraph of Article 2.
According to the obligations set out in Article 6, the Member States may not impose any requirements or procedures for the placing on the market of machinery or partly completed machinery or the putting into service of machinery, for the hazards covered by the Machinery Directive, other than those set out in that Directive.
The obligation to allow free movement of machinery and partly completed machinery that complies with the Directive does not prevent Member States from regulating the installation and use of machinery within certain limits – see §139 and §140: comments on Article 15.
By virtue of the Agreement on the European Economic Area (EEA)108, machinery and partly completed machinery that complies with the Machinery Directive also benefits from free movement in Iceland, Liechtenstein and Norway. The same is true in Switzerland by virtue of the Mutual Recognition Agreement (MRA) with the EU109, and in Turkey, Andorra and San Marino by virtue of the Customs Union Agreements between the EU and these countries110.
108 http://www.efta.int/legal-texts/eea.
109 http://ec.europa.eu/growth/single-market/goods/international-aspects/mutual-recognition-agreements/.
110 http://ec.europa.eu/taxation_customs/customs/customs_duties/rules_origin/customs_unions/.
102
Article 6 (continued)
3. At trade fairs, exhibitions, demonstrations, and such like, Member States shall not prevent the showing of machinery or partly completed machinery which does not conform to this Directive, provided that a visible sign clearly indicates that it does not conform and that it will not be made available until it has been brought into conformity. Furthermore, during demonstrations of such non-conforming machinery or partly completed machinery, adequate safety measures shall be taken to ensure the protection of persons.
§108 Trade fairs, exhibitions and demonstrations
Trade fairs, exhibitions and demonstrations provide an opportunity for machinery manufacturers, importers and distributors to promote new and innovative products. The provisions of Article 6 (3) are intended to ensure that the Machinery Directive does not constitute an obstacle to the promotion of such products – see §19: comments on Recital 17. In some cases, the companies concerned may wish to see whether their products interest potential customers before carrying out the relevant conformity assessment procedure. In other cases, the procedure may not have been completed at the time the machinery is put on display. Manufacturers, importers or distributors may also wish to exhibit products that are not intended for the EU market. Products may also be displayed with certain guards or protective devices removed in order to show their operating characteristics more clearly.
According to Article 6 (3), such practices are authorised. However, in order to provide clear information to potential customers and avoid unfair competition with exhibitors of products that are in conformity with the Machinery Directive, products that are not in conformity with the provisions of the Directive must be accompanied by a visible sign.
This must clearly indicate that they are not in conformity and will not be available for supply into the EU until they have been brought into conformity. It is helpful for the organisers of Trade Fairs to remind exhibitors of their obligation in this respect.
The Machinery Directive does not specify a particular format or wording for this sign.
The following wording can be suggested for machinery that the manufacturer intends to bring into conformity and place on the market in the EU:
The machinery displayed is not in conformity with the Machinery Directive 2006/42/EC.
Visitors are informed that the machinery will be made available in the European Union only once it has been brought into conformity.
The necessary precautions must be taken during exhibitions and demonstrations in order to ensure the safety of the demonstrators and the public, particularly if products are shown with guards or protective devices removed. With respect to the health and safety of demonstrators or other employees of the exhibitors, the necessary measures must be taken in accordance with the national provisions implementing the relevant EU Directives on the protection of the health and safety of workers.
103
Article 7
Presumption of conformity and harmonised standards
1. Member States shall regard machinery bearing the CE marking and accompanied by