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Wilson28662  
#1 Posted : 10 January 2012 13:47:30(UTC)
Rank: New forum user
Wilson28662

Hi, our company has just built a small hydraulic press to carry out small individual injection type mouldings (composite valve bodies). The machine is an in-house construction for sole use within one of the group's sub-companies, the company does not manufacture or sell machinery as part of its usual operations. As I'm not too familiar with the EC Machinery Directive with regard to the manufacture, supply and use of machinery ( “Placing on the market” or “put into service” as The Supply of Machinery (Safety) Regulations 2008 says) my query is: how far do we have to go if we do fall within that legislation other than the usual domestic stuff like PUWER, Management Regs and risk assessment, safe systems, etc., or does it fall without the Directive with it being built in-house as part of a process improvement?
Ron Hunter  
#2 Posted : 10 January 2012 16:59:52(UTC)
Rank: Super forum user
Ron Hunter

You need to comply with the "usual domestic stuff" like Regulation 10 of PUWER, meaning you have to ensure your equipment is compliant with the relevant essential safety requirements as per Schedule 1 of L22. I don't believe you need to affix a CE mark as you don't intend to supply (although I stand to be corrected there), however you have to do everything else that would otherwise be required to obtain a declaration of conformity (including technical files etc.) - which you can of course self-declare.
saferay  
#3 Posted : 11 January 2012 09:30:48(UTC)
Rank: Forum user
saferay

I am fairly sure that CE certification is required irrespective of whether it is being placed on the market or not. If you modify existing CE certified equipment (in an effort to improve performance) equipment should be recertified to ensure that the equipments safety systems have not been compromised. I would recommend that you contact someone like Laidler Associates for a definitive answer.
Heather Collins  
#4 Posted : 11 January 2012 10:14:10(UTC)
Rank: Super forum user
Heather Collins

From the EC Guide to the Directive: "§ 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" Article 5 says: 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. So I read that as yes you do have to CE mark it. Incidentally it may be more complex than you think, since Annex IV of the Directive includes "Injection or compression plastics (or rubber)-moulding machinery with manual loading or unloading". Annexx IV machinery requires compliance with one of the conformity procedures in Article 12 of the Directive. More here http://ec.europa.eu/ente...s/legislation/machinery/ with a link to the full guidance near the top of the page
JJ Prendergast  
#5 Posted : 11 January 2012 10:18:48(UTC)
Rank: Super forum user
JJ Prendergast

Agree with Heather. Provided the machinery falls within the scope of the Machinery Directive (note there are certain types/classes that don't) then even though the machine has been built and designed 'in house' and only for use 'in house' it has still been supplied to the 'market'. Demonstration of compliance with the Machinery Directive and CE marking will be required as described in Heather's post.
Ron Hunter  
#6 Posted : 11 January 2012 14:06:32(UTC)
Rank: Super forum user
Ron Hunter

Thanks to those clarifying my own CE uncertainty. Still seems a bit odd to me, given that the thrust of the CE mark is about transparency in trade across the EU, but hey-ho, onwards and upwards.
chris42  
#7 Posted : 11 January 2012 17:13:13(UTC)
Rank: Super forum user
chris42

The way it was explained to me was that even though it is only for use in house, the company could go bust, for example and all its assets sold off and thereby on the market.
Ron Hunter  
#8 Posted : 11 January 2012 23:30:08(UTC)
Rank: Super forum user
Ron Hunter

chris42 wrote:
The way it was explained to me was that even though it is only for use in house, the company could go bust, for example and all its assets sold off and thereby on the market.
Hmmmm.....wouldn't that duty holder responsibility then apply equally at that first time of 'placing on the market' by the person actually selling the kit (e.g. the administrator)?
chris42  
#9 Posted : 12 January 2012 09:54:36(UTC)
Rank: Super forum user
chris42

Sorry badly phrased, I actually meant that the company sells off its assets when in difficulty. I take your point about the administrator, so not so sure on that one myself now. It does seem to fit with what others were saying that it should already be CE marked by this point. I think this is one area of H&S that could do with clarification / simplification.
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