Asit's not commercially available and is an in-house build then yes, it can continued to be used as is - provided it meets essential safety requirements!

My assumption is that the 'move between factories' was within the same organisation, and I think that can be excluded from 'placing on the market' - but it still has to be safe!

bleve, is once again correct in this matter.
This is the situation.
If you are going to insist on CE for compliance with PUWER98 then you have no option other than to reverse engineer & CE mark the machine.
PUWER98 compliance is most important, IMHO, however, the various new approach directives will apply, and, putting into service for ones own use is deemed as placing on the market in the eyes of the directives.

Just to be crystal clear, I refer fellow posters to the EU Blue-Guide:

http://ec.europa.eu/ente...guide/guidepublic_en.pdf

and to the respective definitions of "placing on the market" and "putting into service" (sections 2.3.1 and 2.3.2 of the Guide)

Ron,
how do you explain the following from the Puwer ACOP?

paragraph 203 of the PUWER98 Approved Code of Practice (relating to Regulation 10):

These (Article 100a) Directives also apply to equipment made and put into service in-house. It is a common feature of these Directives that compliance is claimed by the manufacturer affixing a mark — ‘CE Marking’ - to the Equipment."

Irrespective of CE marks or otherwise the kit must be safe & fit for purpose so an appropriately competent person should evaluate the kit and make that 'is it safe' decision. And this is where it can get complicated so unless a competent person is already in-house and can undertake this action U need to commission somebody who is and in most if not all situations that's an expensive action and the essential H&S parameters will need to be met ---- Also talk to your insurers as they should give U a good guide

If pushed I would go with 'bleve' in this area

Ron, I could not agree more, and as my final word, I would therefore refer you to the following:
The 2nd Edition of the Guide to application of the Machinery Directive 2006/42/EC was endorsed by the EU Machinery Committee on 2 June 2010.
http://ec.europa.eu/ente...rs/mechanical/machinery/

In particular:

Page 60: § 80 A person manufacturing machinery for his own use
A person who manufactures machinery for his own use is considered as a
Manufacturer and must fulfil all the obligations set out in Article 5. In that case, the machinery is not placed on the market, since it is not made available by the manufacturer to another person but used by the manufacturer himself. However, such machinery must comply with the Machinery Directive before it is put into service – see §86: comments on Article 2 (k).



Page 63: § 86 the definition of ‘putting into service’
The Machinery Directive applies to machinery when it is placed on the market and/or put into service.

In the case of machinery manufactured by a person for his own use (that is not placed on the market), the Machinery Directive applies when the machinery or assembly of machinery is first put into service. In other words, such machinery must comply with ALL the provisions of the Directive before it is first used for its intended purpose in the EU.

Note the stipulation of compliance with ALL the provisions.


Finally, see requirements of Article 5:

Article 5
Placing on the market and putting into service
1. Before placing machinery on the market and/or putting it into service, the
manufacturer or his authorised representative shall:
(a) ensure that it satisfies the relevant essential health and safety requirements set out in Annex I;
(b) ensure that the technical file referred to in Annex VII, part A is available;
(c) provide, in particular, the necessary information, such as instructions;
(d) carry out the appropriate procedures for assessing conformity in accordance with Article 12;
(e) draw up the EC declaration of conformity in accordance with Annex II, part 1, Section A and ensure that it accompanies the machinery;
(f) affix the CE marking in accordance with Article 16.

Now tell me that you disagree with the specific matter of interpretation given by the same people who issued the Machinery Directives.

Back to some practical advice. If it is a fairly simple machine, it should be possible for you to put together the necessary assessments and CE mark it yourself.

The most useful webpage I know is this one:

http://www.bis.gov.uk/po...ery-directive-2006-42-ec

If you download the guide, http://www.bis.gov.uk/files/file52968.pdf you will find at Annex D a list of machinery that you cannot CE mark yourself. Provided your machine is not on this list, then the way is open to you to self certify.


The essential health and safety requirements that it must meet are in Schedule 2 of this:

http://www.legislation.g.../2008/1597/contents/made

So let's ask Mike, what are the powders,liquid(s) and anything else that goes into this machine?

Bleve, I would prefer to be positive and helpful, and take one question at a time.

You do not know my level of experience in this area, you do not know how many things I have been instrumental in CE marking, so your approach towards me and your judgement of me is totally unjustified.

Mike,
As my final post on this topic, My advice is to obtain professional help with this task, requiring approx (6-8 hours) work in total.

Yes it is very clear, except that the note in question does not relate to machinery!! See Ron's posts.

one for the Löfstedt review?

Just noticed the "R&D" element in the original post, and (always keen to learn and seek clarity) wondered if the machine was considered to be an in-house 'prototype' (I'm mindful of the derogation for such machines at Trade Fairs, Exhibitions etc.) would the compliance requirements in the employer's premises not be relaxed to the same extent?

The machinery will still have to be inspected by a competant person, and the PUWER assessment will have to be done, along with the RA.

Beware of the difference between the European CE mark and the Chinese Export CE marking.

http://www.icomuk.co.uk/...ryID=3508&cCID=17103