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    MarkinMarkinAn update to newlegislative requirements

    Alan Powell

    CE Marking Association

    www.cemarkingassociation.co.uk

    +44 (0)1527 595066

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    Content

    A brief reminder of CE andaccompanying product legislation

    Changes to the LV, EMC & MachineryDirectives

    , ,EuP Directives

    Help & Support

    accompanying product

    legislation

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    Harmony489 mi l l ion people

    f ree

    movement o f

    f ree

    movement o f

    labour

    goods

    Safety

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    New Legislative Framework

    .Framework begins 1st January 2010.

    Current New Approach Directives must beimplemented by the nation state.

    New Legislative Framework

    Regulations, directly implemented!

    Aims to strengthen enforcement proceduresand activity across EU.

    Seeks further harmonisation and consistency

    across directives- conformity procedures.

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    EUROPEAN DIRECTIVES

    Machinery Low Voltage EMC

    .

    CE Mark ingCE Mark ing

    GeneralGeneral

    ProductsProducts

    21 New Approach Directives

    WEEE/WEEE/RoHSRoHS//EuPEuPet cet cHarmonisedHarmonised

    StandardsStandards

    CE Mark Directives

    Low Voltage Explosives for civil uses

    Simple Pressure Vessels

    Safety of toys

    Construction products

    Electromagnetic compatibility (EMC) Machinery

    Personal protective equipment (PPE)

    Non-automatic weighing instruments

    Active im lantable medical devices

    Medical devices

    Equipment explosive atmospheres(ATEX)

    Recreational craft Lifts

    Pressure equipment

    In vitro diagnostic medical devices

    Radio Equipment and

    Appliances burning gaseous fuels

    Efficiency requirements for new hot-water boilers fired with liquid orgaseous fuels

    Energy using Products (EuP)

    Telecommunications TerminalEquipment and the MutualRecognition of their Conformity

    Cableway installations designed tocarry persons

    Measuring instruments

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    Related Directives but NOTCE Mark Directives

    Packaging and packaging waste

    Interoperability of trans-Europeanhigh-speed rail system

    Marine equipment

    Interoperability of trans-Europeanconventional rail system

    **************************************

    Ener efficienc requirements for

    Airborne noise emitted by householdappliances

    General product safety

    Community postal services

    Restrictions on marketing and use ofcertain dangerous substances andpreparations

    household electric refrigerators,freezers and combinations thereof

    Transportable pressure equipment

    Noise emission in the environment byequipment for use outdoors

    Which Legislation Applies?

    General Product Safety Directive

    Packaging Whole Vehicle Directive

    WEEE Directive

    RoHS Directive

    EuP etc

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    CE Marking Mandatory Dates

    29th December 2009.

    EMC Directive 2004/108/EC came into force 29th

    July 2009.

    LV Directive 2006/95/EC came into force 16th

    Old directives no longer applicable; check your

    Declarations of Conformity!

    CE Marking Process

    1 - Apply Appropriate Directives

    2 - Meet the Essential Requirements

    3 - Do Testing/Apply Standards

    4 - Produce Technical Documentation

    5 - Produce Declaration of Conformity

    6 - Apply CE Mark

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    CE MarkingInd ica tes compl iance w i th any one, some,

    a l l , or more thant he fol low i n :-

    EU Machinery (Safety) Direct ive

    EU Low Vol tage Direct ive

    EU EMC Directive=

    EU Pressure Equipment Direc t ive

    The CE Mark (on equipment) indicates compliance with

    ALL RELEVANT Directives

    Guidelines Blue Book

    Produced by the Commission

    ALL CE Directives Publicly available

    -

    will take them into account

    Laws in Member States take precedence

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    Essential Requirementsor Essential Provisions

    Directives contain only those requirements that are

    necessary to allow free circulation

    Quality & reliability are excluded - except where theyproduce hazards

    Essential Re uirements are mandator

    must be met before placing the product on themarket

    they vary according to the directive applied

    Essent ia l Requi rement s

    CE Marking DirectivesIDEAL

    Directive EssentialRequirements (EHSRs)

    Harmonised Standard(s)

    UNACCEPTABLE

    ACCEPTABLE in EU

    in EUDo not fall below this

    line!

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    Harmonised Standards

    with the requirements of most directives

    when the apparatus conforms to therelevant standards

    http://ec.europa.eu/enterprise/newapproach/standardization/

    harmstds/reflist.html

    Harmonised Standards forMachinery Directive

    EN 61496i i

    EN 692Mechanical presses

    EN 693Hydraulic presses

    EN ISO 12100GeneralPrinciples

    EN ISO 13849

    EN ISO 14121-1Risk assessment

    EN 953Guards

    EN 811Safe distances

    EN 294Safe distances

    EN 60947-5-3Proximity devices

    EN 1760Safety mats

    Positioning of protectiveequipment

    ght urta ns

    EN 415Packagingmachinery

    EN 1114Rubber & plasticsmachinery

    EN 60204-1Electrical equipment ofmachines

    EN 982Hydraulic controls

    EN 983Pneumatic controls

    Safety relatedcontrol systems

    EN ISO 13850Emergency stops

    EN 1037Unexpected start-up

    EN 1088Interlocking

    devicesEN 60947-5-5Mechanical latchE-Stops

    EN 5742 hand controllers

    EN 1672Food processing

    machinery

    EN 746Thermo processingmachinery

    EN 931Footwear manufacturing

    machinery

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    Technical Documentation

    ow an a ory or e rec ve as weas the Machinery and LVD directives

    Formats of technical documentation vary withdirectives but there is a lot of common content

    Where several directives are applied to aroduct a common Technical File can be used

    The technical documentation must be in anofficial EU language

    Declaration of Conformity

    The declaration of conformity must be signed bya responsible person

    Keep DoC in Community at disposal of

    authorities Can be one document for all directives

    Use community language UK Manf. English

    Name & address of Manufacturer andAuthorised Representative established withinthe Community

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    Who is a Responsible Person?

    The Responsible Person would be a senior person inthe Company (typically the MD or Technical Director)who is able to ensure that the documentation will beretained for at least 10 years after manufacture or thewithdrawal of production of series manufacture.

    The must be satisfied that the documentation is

    correct, the apparatus is legally CE Marked and everyeffort has been made to ensure the safety of theequipment.

    CE Mark ing

    All the directives require it to be not less than

    (Minimum waived for small scaled machinery)

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    CE + CE

    Be warned!:-

    =+

    What t he CE Mark indic at es

    The user

    The manufacturer

    Hardcopyor

    software

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    Enforcement

    Health & Safety Executive- nondomestic.

    Trading Standards Institute- domestic

    Ofcom (R&TTE)

    What if we dont comply?

    Up to three months imprisonment

    and/or a fine.

    GPSD states max 20,000 fine. The authorities have the power to force

    manufacturers to recall or replace faulty.

    HSW Act is significantly worse- Higher courtunlimited fine and/or 2 yearsimprisonment.

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    Enforcement

    oss o epu a onMarket can outweigh

    Legal sanctions!

    Changes to the,

    EMC Directive

    Machinery Directive

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    Low Voltage Directive

    and amendmentsis re-codified to

    2006/95/EC

    No change to the Statutory Instrument

    Latest BERR Guidelines available

    EMC Directive

    Existing apparatus until 20th July 2009

    2004/108/EC

    EMC Guidance Notes now available fromBERR www.berr.gov.uk/files/file47539.pdf

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    EMCD Major Changes

    procedures for apparatus and for fixedinstallations

    Definitions are included for a aratusand fixed installations;

    EMCD Major Changes

    apparatus has been simplified to a single

    procedure. There is no compulsory involvement of a

    third party,

    the option of presenting a technicaldocumentation to a Notified Body forassessment;

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    EMCD Major Changes

    and not otherwise commercially available may be

    exempt from the requirements and proceduresfor apparatus (e.g. EC Declaration of Conformityand CE marking),

    provided that certain documentation requirements are

    met

    precautions to be taken in order not to compromisethe EMC characteristics of the fixed installation

    EMCD Major Changes

    e regu a ory ro e oCompetent Bodies has been

    removed

    ow ca e o e o es

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    EMC TransitionalArrangement 1

    Apparatus When following the TCFroute to compliance before 20th July 2007can continue to be manufactured andplaced on the market up to 20th July 2009

    This has now passed. The new directivemust be met in full.

    EMC TransitionalArrangement 2

    Apparatus when following the self-certification route before 20th July 2007can continue to be manufactured andplaced on the market up to 20th July 2009

    This has now passed. The new directivemust be met in full.

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    EMC TransitionalArrangement 3

    . Fixed installations (as described in the new

    EMC Directive) put into service on or after20th July 2007 will have to comply with thenew EMC Directive.

    For further information contact: Kevin Lane, DirectivePolicy Advisor, BIS

    EMCD Major Changes

    CAUTION!- EU Guidance Notes

    The term fixed installation also applies tolarge machines if they meet the definition

    given for fixed installations, such asproduction lines.

    However:

    Large machines, in the usual sense of thisterm, are normally apparatus and have to be

    treated as such.

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    EMCD Major Changes

    CAUTION!Directive Conformity Assessment

    If neither the manufacturer nor hisauthorised representative is establishedwithin the Community,

    the obligation to hold the EC declaration ofconformityAND the technical documentation

    at the disposal of the competent authorities shalllie with the person who places the apparatuson the Community market.

    EMCD Major Changes

    the regulations

    Treaty Article 296 states: Derogation where there is need to protect

    Member States Security EMC Exempt?

    Not adversely affect competition whereequipment is dual use EMC Compliant

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    Automotive EMC

    ESA equipment and accessories require tobe e-marked.

    2004/104/ECNon Immunity related ESA accessories

    have option to be e-marked or CEMarked. 1st July 2006

    Automotive - note Whole Body Vehicle Directive - 2007/46/EC

    ow o nc u e uses, coac es, vans, ruc s, ra ers

    and special purpose vehicles

    Timetable 29th April 2009 Type approval available (voluntary) 29th October 2010 Minibuses, Buses and Coaches First Stage Multibuild

    29th October 2011 Light Vans and Trucks Multistage Mini /Buses & Coaches

    th ,

    29th October 2012 Medium / Heavy Vans, Trucks and Trailers First Stage Multibuild

    29th April 2013 Light Vans and Trucks - Multistage

    29th October 2013 Trailers - Multistage

    29th October 2014 Medium and heavy trucks Multistage, other special vehicles

    www.vca.gov.uk

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    Machinery Directive

    98/37/EEC

    effective to 28th December 2009

    2006/42/ECcomes into force on 29 December 2009

    new directive can be downloaded: www.eur-lex.europa.eu/

    UK Regulations

    'Regulations 2008

    Statutory Instrument 2008/1597 are nowublished

    www.opsi.gov.uk/si/si2008/pdf/uksi_20081597_en.pdf

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    MD Major Changes

    longer need to determine from the results of

    their risk assessment whether a machine fallsunder the LV Directive, or the new MachineryDirective.

    Clear differentiation between the twodirectives in the form of a list.

    eg: LV vis MD

    subject exclusively to the LVD

    Household appliances, Audio Video, IT, OfficeMachinery, LV Switchgear, Electric Motors

    All other Electrical Machinery - has tomee sa e y o ec ves o anEssential requirements for MD.

    Conformity against MD only

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    New MD Exclusions

    original equipment

    Weapons

    Transport & Networks by Road, Air, Rail,Water (not Seagoing) Mounted Machinery

    . Temporary use in Research Laboratories

    Electrical Equipment as listed

    MD Major Changes

    been made more explicit.

    Ergonomic requirements & Requirements onemissions have been made more precise.

    Noise, EM fields, Exhaust, Substances.

    & lightning, have been moved to the generalpart of Annex I and thus apply to all

    machinery.

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    MD Major Changes

    Once the existing tractors directive2003/37/EC has been amended to extend itscoverage to the risks presently covered by

    the machinery directive, then the machinerydirective should no longer apply at all toagricultural and forestry tractors.

    ContraryThe New Medical Directive in forceMarch 2010 will adopt the Machinery

    Directive EHSRs where not covered.

    MD Major Changes

    more clearly (as has the terminology)

    expanded to include construction-site hoists, to lifts speed < 0.15m/s(now outside scope of the lifts directive)

    im act machiner e. . cartrid e-o erated fixinmachinery).

    (now outside scope of 91/477/EEC, the Weapons Directive)

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    WEEE & RoHS

    http://ec.europa.eu/environment/waste/weee/index_en.htm

    RoHS Directive Include Medical & Monitoring & Control Equipment

    CE Marking, TCF and DofC of EEE

    Additional hazardous substances ie REACH

    WEEE Directive

    Harmonisation of Registration and Reporting Changes to Collection and Recycling Targets

    Energy Using Products EuP 2005/32/EC EuP Directive 10th August 2005

    2007 2037 11 ugust 2007

    250,000 units per annum with significant environmentalimpact i.e. TVs, washing machines, lighting, PCs &Monitors, External PSUs etc

    Framework Directive setting out implementationmeasures current are: Directive 92/42/EEC - efficiency requirements for new hot-water boilers fired

    with liquid or gaseous fuels

    Directive 96/57/EC - energy efficiency requirements for household electricrefrigerators, freezers and combinations thereof

    Directive 2000/55/EC - energy efficiency requirements for ballasts forfluorescent lighting

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    Partnership with Wemtech since 2004

    EDTCTechnology

    Gateway

    Seminar programme delivered across Scotland

    Wemtech Hotdesk at EDTC offices every month Next hotdesk date 8thDecember 2008

    Visit us at Stand G1

    Help & Support

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    Help & Support CE Marking Association

    Knowledge & contacts throughout industry

    Highly experienced at working with funding bodies Not-for-profit rates when working on funded projects

    Work closely with the EDTC.

    Training CE Essentials, Design for EMC, New Machinery & bespoke

    courses available. 50% members discount on standardcourses.

    TUV Rheinland endorsed

    BSI standards discounts through Wemtech

    Thank you

    These slides can be seen on ourwebsite for the next month.

    . . .

    www.cemarkingassociation.co.uk

    +44 (0) 1527 595066