Last edit: 01/08/2023
THE DOUBT: If an employer makes a machinery for use in its own factory, does he have to CE mark it?
CONSIDERATIONS:
Let’s first clarify two important concepts:
1- PLACING ON THE MARKET
[Machinery Directive 2006/42/EU: Whereas:]
(h) ‘placing on the market’ means making available for the first time in the Community machinery or partly completed machinery with a view to distribution or use, whether for reward or free of charge;
2-PUTTING INTO SERVICE
[Machinery Directive 2006/42/EU: Whereas:]
(k) ‘putting into service’ means the first use, for its intended purpose, in the Community, of machinery covered by this Directive;
They are important concepts since, before doing it, the machinery has to be CE marked or, in other terms, declared Safe.
[Machinery Directive 2006/42/EU: 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.
If an employer builds a machine for his employees, he is not going to sell the machinery, however he will put it into service. Before doing it, he must CE mark it! Hereafter the clarification in the CE Guide:
[Guide to application of the Machinery Directive 2006/42/EC. § 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. Machinery that is placed on the market in the EU is put into service when it is used in the EU for the first time. This applies to new machines that are completed and tested at the users site (may be referred to as ‘in-situ’ manufacturing), including both machines the user has built himself or have been built for him by another.
CONCLUSIONS:
An employer who builds a machinery for its own use in his own factory has to CE Mark it. That means the machinery should comply with all applicable technical standards harmonised to the machinery directive.
The Machinery Directive applies to machinery when it is placed on the market and/or put into service. Machinery that is placed on the market in the EU is put into service when it is used in the EU for the first time. This applies to new machines that are completed and tested at the users site (may be referred to as ‘in-situ’ manufacturing), including both machines the user has built himself or have been built for him by another.