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#1 Posted : 27 July 2009 15:08:00(UTC)
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Posted By Richard Everitt Hello, my problem is a in-house, bespoke piece of equipment that I highlighted in an audit, (the mark missing) some guidance would be appreciated to get it CE marked. Many Thanks, Richard E
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#2 Posted : 27 July 2009 15:26:00(UTC)
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Posted By Flic The first step is to describe roughly what it is, what it does and how it does it. That will enable you to identify which of the directives it needs to comply with. Flic
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#3 Posted : 27 July 2009 15:55:00(UTC)
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Posted By holmezy Richard, if its be-spoke to your working processes, and you have no intention of producing it and selling to the market, then it won't need a CE mark. Of course if its a piece of lifting equipment then it ought to be tested as per LOLER, if its machinery it ought to be guarded as per PUWER, if its electrical it ought to be safe as per the electricity regs etc etc. Holmezy
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#4 Posted : 27 July 2009 16:17:00(UTC)
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Posted By Peter Still Sorry Holmezy, that's not correct. Making equipment for your own use is still deemed to be "placing on the market", even for a one-off. We could do with a few clues though - is it a machine or some other piece of equipment? Which Directive did the audit identify that it should be marked under? Peter
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#5 Posted : 27 July 2009 16:42:00(UTC)
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Posted By holmezy Peter, never my understanding of the CE requirements! Are you suggesting that every piece of "internal" equipment is CE marked? Its certainly not being "offered for sale" so as I understand it, no requirement? Even considering the list of exempted pieces of equipment, and assuming that the posters piece is not a fairground eqpt, medical eqpt or a firearms or is purely manaually powered (but not a crane or lifting eqpt)then I don't agree. I used to work in an in-house engineering toolroom that produced 1 off jigs and fixtures that were powered by pnuematics, hydraulics and electrics and I can guarentee that these did not require CE marking! Inspectors would have a birthday every time they visited a production facility! It would still be nice to know what the piece of equipment in question consists of so we have a better idea what we are arguing about....sorry discussing! I apologise if I misunderstood the reqts and would be interested to hear others opinion. Holmezy
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#6 Posted : 27 July 2009 17:00:00(UTC)
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Posted By Peter Still Holmezy, From the DTI guidance on the 'old' Supply of Machinery (safety) Regulations: "The meaning of 'supply' is as defined by Section 46 of the Consumer Protection Act 1987. It also includes offering to supply, agreeing to supply, exposing for supply and possessing for supply. 'Supply' also includes first putting into service in the course of business by the manufacturer..." Another way to look at it is that (assuming we're discussing a machine) there is a list of exceptions, which does not include machines for own use. Peter
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#7 Posted : 27 July 2009 18:27:00(UTC)
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Posted By Richard Everitt A “lively response” many thanks to all! The directive is; 89/392/EEC (machinery) the client has been ask if they are willing to set up production in Europe hence the CE we have put most of requirements in place, we now need a notified body to be involved in the assessment, my question would of read better with more information, apologies for the confusions....Richard E
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#8 Posted : 27 July 2009 23:24:00(UTC)
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Posted By Ron Hunter Richard, this from: http://ec.europa.eu/ente...ment/machinery/facts.pdf "....as long as the machinery remains under the manufacturer’s control and as long as the operators are the manufacturer’s employees the machinery has not been placed on the market." More info. at Q & A68 above reference. It is my opinion that if the machinery is built and operated in-house, the Directive requirements aren't applicable.It has NOT been "placed on the market".
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#9 Posted : 28 July 2009 12:17:00(UTC)
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Posted By D. Hilton Beg to differ but any machinery made for your own use is subject to article 8.6 of the Directive (98/37/EC) and so requires a Declaration of Conformity under Annex IIA and a CE Mark.
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#10 Posted : 28 July 2009 12:19:00(UTC)
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Posted By D. Hilton Should have read article 8.7: Where neither the manufacturer nor his authorised representative established in the Community fulfils the obligations of paragraphs 1 to 6, these obligations shall fall to any person placing the machinery or safety component on the market in the Community. The same obligations shall apply to any person assembling machinery or parts thereof or safety components of various origins or constructing machinery or safety components for his own use. Regards
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#11 Posted : 28 July 2009 12:50:00(UTC)
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Posted By mark linton The Supply of Machinery Regs are fairly clear when it comes to this - general duty, reg 11(2) - in an abridged version, a person manufacturing machinery for their own use is deemed to be supplying themselves and therefore these regs apply.
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#12 Posted : 28 July 2009 13:27:00(UTC)
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Posted By Pete Longworth Interesting discussion, none of which even remotely attempts to answer the original question. OK Richard, firstly if you want to CE mark it, whether it needs it or not, you can do it yourself. Firstly you will need to ensure that it meets all the relevant essential health and safety requirements, as spelled out under the Supply of Machinery regs (if it is a piece of machinery). I developed a checklist for this when I was involved in CE marking a piece of kit that we imported from China. I will send you a copy of it if you like. Then you will need to identify which harmonised standards that the piece of equipment needs to conform to and the relevant directives. Once you have established that your piece of kit conforms to the above you can issue a declaration of conformity signed by an appointed "responsible person". The precise format of the declaration of conformity is not set down in the legislation. However, the EC declaration of conformity must contain the following particulars: ¦ business name and full address of the 'responsible person'; ¦ where the 'responsible person' is not the manufacturer, the business name and full address of the manufacturer; ¦ description of the machinery or safety component, in particular the style and serial number; ¦ all relevant Directives complied with by the machinery or in the case of a safety component, the safety function fulfilled by the safety component; ¦ where appropriate, name and address of the approved body and number of the EC type-examination certificate; ¦ where appropriate, the name and address of any approved body to which the technical file has been forwarded; ¦ where appropriate, the name and address of any approved body which has drawn up a certificate of adequacy; ¦ where appropriate, the transposed harmonised used; ¦ where appropriate, the national standards and technical specifications used; ¦ identification of the person empowered to sign on behalf of the 'responsible person'; and, as appropriate, must state conformity with the essential health and safety requirements or with the example of machinery or safety component that underwent EC type-examination. As mentioned you must also be able to draw up a technical file if requested comprising: An overall drawing of the machinery or safety component together with drawings of the control circuits; Full detailed drawings, accompanied by any calculation notes, test results, etc required to check the conformity of the machinery or safety component with the essential health and safety requirements; a list of: i the essential health and safety requirements; ii transposed harmonised standards; iii standards; and iv other technical specifications; which were used when the machinery or safety component was designed; ¦ a description of methods adopted to eliminate hazards presented by the machinery or safety component; ¦ if you so desire, any technical report or certificate obtained from a competent body or laboratory; ¦ a copy of the instructions for the machinery or safety component. Once this is all done you can then affix the CE mark. Remember, you don't need to put together the technical file, you need to be able to put it together if required.
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#13 Posted : 28 July 2009 13:59:00(UTC)
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Posted By Pete Longworth Somewhere in there I should have written "transposed harmonised standards used" instead of "transposed harmonised used"
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#14 Posted : 28 July 2009 14:04:00(UTC)
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Posted By Ashley Williams Could I just point out that when the declaration of conformity is signed by an appointed "responsible person" that they are aware they become the person who will end up in court if anything goes wrong with it, so I would recommend they are 100% confident / happy before signing. Ash
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#15 Posted : 28 July 2009 14:28:00(UTC)
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Posted By Kenneth Patrick Richard, Why would you want to CE mark this piece of equipment. I assume from the information given that your company does not manufacture equipment such as this for sale. Ken
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#16 Posted : 28 July 2009 15:16:00(UTC)
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Posted By Richard Everitt Ken, the sale of the machine is a future possibility. Many thanks to Peter for excellent reply and to all who responded to fuel a lively debate, however its more "how" not "if" i was seeking. Richard. E.
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#17 Posted : 28 July 2009 15:32:00(UTC)
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Posted By Kenneth Patrick Richard, In that case you may find this helpful: http://www.conformance.co.uk/basics.php
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#18 Posted : 28 July 2009 16:10:00(UTC)
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Posted By Paul Skyrme Richard, You have mail.
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#19 Posted : 28 July 2009 16:25:00(UTC)
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Posted By Lwood For those above looking for the facts please look at the following link from the DTI. It covers the OP question precisely: http://www.berr.gov.uk/files/file11288.pdf Hope this helps. L
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#20 Posted : 28 July 2009 23:32:00(UTC)
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Posted By Ron Hunter If you can't measure of all your safety features directly against harmonised standards, then you can't self-certify. I still reckon this scenario doesn't require application of the Directive. I refer you back to my previous post and the web-based Q&A on the Directive.
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#21 Posted : 28 July 2009 23:42:00(UTC)
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Posted By Ron Hunter Lwood- that Guidance is now out-of-date. We must await the BERR (DTI is long gone)publishing revised guidance to go with the 2008 Regs.
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#22 Posted : 29 July 2009 07:44:00(UTC)
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Posted By kaggs The IRM are running some courses that covers CE Marking and the New Machinery Directive in Oct and Nov: http://www.theirm.org/events/EVdiary.htm
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