Machinery

Scope of the Machinery Decree

To manufacture a product that complies with statutory requirements or to assess the conformity of a product manufactured by another person, it is essential to identify which legislation applies to the product.

In the light of the legislation, machinery means products which fall within the scope of the Machinery Decree (EU Machinery Directive). The scope is quite broad, covering not only actual machines, but also certain other product groups. We can refer to machinery in the narrow sense (actual machines) and in the broad sense (all products within the scope of the Machinery Decree). On the other hand, the scope of the Machinery Decree excludes certain equipment which would be considered machinery by definition.

When considering whether a particular device is within the scope of the Machinery Decree, check the following:

1.      Does the device fit the definition of a machine in the Machinery Decree?

2.      Is the device excluded from the scope of the Machinery Decree?

3.      Does the device fall within the product groups included in the scope of the Machinery Decree, even if the definition of machinery is not fulfilled?

Next, we will go through the above points in more detail.

1.      Does the device fit the definition of a machine in the Machinery Decree?

According to the Machinery Decree, machinery is defined as:

• An assembly consisting of linked parts or components
• in which at least one of the parts or components moves,
• and which has or is intended to be fitted with a drive system other than directly applied human or animal effort, and
• which is assembled for a specific application.

To meet the definition of machinery, all the above criteria must be met.

Example: A pushed mechanical lawnmower fulfils most criteria, but it does not have a drive system other than directly applied human or animal effort, so it is not a machine in the eyes of the law. In the case of a mower with an internal combustion engine or a battery, this criterion is also met, and the mower is considered a machine.

You can find the definition of machinery, as well as other key definitions of the Decree, in section 4 Definitions of the Machinery Decree.

2.      Is the device excluded from the scope of the Machinery Decree?

Certain products are explicitly excluded from the scope of the Machinery Decree, even if they meet the definition of machinery. The Machinery Decree therefore does not apply to these products. These include:

• Electrical and electronic products under the following groups (to the extent covered by the Low Voltage Directive). These devices are therefore covered by the Low Voltage Directive instead of the Machinery Decree (/Machinery Directive).
• Household appliances intended for domestic use
• Machines used for domestic work, e.g. for washing clothes and dishes, cleaning, heating, cooling and cooking.
• Examples of household appliances are washing machines, dishwashers, vacuum cleaners and cooking machines.
• Note: Electric gardening machinery or power tools used for the construction and renovation of homes are covered by the Machinery Decree.
• Note: The above household appliances intended for commercial or industrial use are covered by the Machinery Decree.
•  Audio and video equipment
  
• For example, radio and television receivers, cassette and video players and recorders, CD and DVD players and recorders, amplifiers and loudspeakers, cameras and projectors and other similar equipment. 
• Information technology equipment
• Devices used for processing, transforming, transmitting, storing, protecting and retrieving data
• Examples include computers, communication networks, and telephone and telecommunications equipment.
• Ordinary office machinery
• For example, printers, copiers, fax machines, sorters, binders and stapling machines.
• Note: The scope of the Machinery Decree covers machinery intended for industrial use, such as the printing and paper industry, that perform similar functions.
• Note: Excluding public office machinery from the scope of the Machinery Decree does not apply to electrically operated office furniture to which the Machinery Decree applies.
• Low-voltage switchgear and control gear
• Electric motors
•  The following high voltage equipment:
• Switchgear and control gear
• Transformers
• Weapons
• Certain vehicles such as cars and motorcycles
• Specific equipment for use in fairgrounds and/oramusement parks
• Machinery for temporary laboratory use that are specially designed and constructed for research purposes
• Means of transport by air, water and on rail networks, excluding machinery mounted on these means of transport

All product groups excluded from the Machinery Decree are listed in section 3 of the Decree, Limitations on the scope of application.

Example: A hand-held blender for domestic kitchens fits the definition of a machine presented in section 1 but is included in the above category of “household appliances”, which means that the blender is not a machine but an electrical product in the eyes of the law.

3.      Does the device fall within the product groups included in the scope of the Machinery Decree, even if the definition of machinery is not fulfilled?

Certain products fall within the scope of the Machinery Decree, even if they do not meet the definition of machinery. These products include but are not limited to:

• Manual lifting equipment such as manual jacks or manual lifting winches.

o   Note: Lifting means either lifting or lowering a load, or both. The exemption does not therefore cover devices which do not lift the load but only retain it at a certain height.

• Lifting accessories
• Chains, ropes and webbing that are designed and constructed as an attachment to lifting appliances or accessories
• Removable mechanical transmission devices Interchangeable equipment
• Safety components

Example: A mechanical scissor jack does not fit the definition of a machine in section 1 but is included in the scope of the Machinery Decree as a manual lifting device.

Differences between interchangeable equipment and tools

Interchangeable equipment means any equipment which the operator of machinery or a tractor already in service attaches to that machinery or tractor themselves to change its function or to obtain a new function, insofar as this equipment is not a tool.

The difference between interchangeable equipment and a tool such as a drill bit is significant, because interchangeable equipment is considered a machine in the broad sense of the word and must thus meet the requirements of the Machinery Decree. This means that the interchangeable equipment must bear the CE marking, and you must prepare the EC declaration of conformity for it. The manufacturer of the interchangeable equipment must ensure that together, the interchangeable equipment and the machinery to which it is intended to be attached meet all the essential health and safety requirements set out in annex I.

Tools are not directly under the scope of the Machinery Decree, but the machine manufacturer must specify the essential characteristics of the tools that are suitable for the machine.

Interchangeable equipment should also not be confused with spare parts that do not change the operation of the machine or introduce a new function but are only intended to replace a worn or defective part.

Partly completed machinery

Partly completed machinery means an assembly which is almost a machine, but which cannot itself perform a specific application. For example, a drive system is partly completed machinery. Partly completed machinery is also subject to certain requirements of the Machinery Decree.

The scope of the Machinery Decree can be found in section 2, the limitations on the scope of application in section 3, and the definitions in section 4. You can find more detailed instructions and examples of the scope in the guides to application of the Machinery Directive.

Remember:

• Does the device fit the definition of machinery?
• Is the device excluded from the scope of the Machinery Decree?
• Is the device intended for lifting/ removable mechanical transmission device /a safety component/interchangeable equipment?

⇨ Does the Machinery Decree apply to the device?

In addition to the Machinery Decree, machinery  is in many cases subject to other EU product safety legislation also. More information: Other possible legislation concerning machinery.