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FAQS

?        What are the commercial benefits of CE marking our machinery?  

Complete freedom of movement in the EU! - Article 6 of the Directive states that “Member States shall not prohibit, restrict or impede the placing on the market and/or putting into service in their territory machinery which complies with this Directive”. The CE marking is fully recognised as being the only marking which guarantees that machinery conforms to the requirements of the Machinery Directive and the CE Mark on your machine will open wide the door to the substantial European Market of 500 million consumers and the World’s largest GDP!

?        As a US manufacturer selling to the US domestic market, surely our machines are also suitable for use in the European Union (EU)?

A common but serious mistake of US companies manufacturing machinery and selling goods in the EU, is the assumption that they will meet with the essential requirements of the EU Directives. Expectations of safety of machinery and electrical equipment are generally stricter in the EU. 

?        Why should we bother to follow European requirements for CE Marking for our machines supplied into the European Union (EU)?

The Directives are legally binding - Infringements against the provisions of the directives are sanctioned by appropriate penalties. The penalties provided are intended to be ‘effective, proportionate and dissuasive’ in line with the jurisprudence of the European Court of Justice. Accordingly, the financial penalty can be unlimited, and imprisonment for a term of two years can also be imposed! Products are likely to be withdrawn or recalled from the market.  

?        Do we need a Representative in the European Union (EU)?

It is not an obligation for a manufacturer established outside the EU to nominate an “Authorised Representative” within the EU. The manufacturer can accomplish all of his obligations directly. However, he must always indicate in the EC Declaration the name and address of the person established in the EU who is authorised to hold the Technical File on the manufacturer’s behalf. …. Robin J Carver offers to hold the Technical File as an ongoing part of a complete CE marking service!.....[more] 

?        If we export our machines to the European Union (EU) without a CE Mark what could  happen?  

NO CE MARK – NO ENTRY! - The member states of the EU and in the countries aligned with the EU, require compliance with the Directives and hence CE Marking of machinery. This means that all suppliers into the EU are required to export compliant machinery or face the prospect of rejection, or even destruction, on the EU border. 

?        What are the penalties for counterfeiting the CE marking?

Counterfeiting the CE mark is illegal - The penalties for counterfeiting the CE mark, or making markings which are likely to mislead, are liable to a fine and imprisonment. Products are likely to be withdrawn or recalled from the market. 

?        Is the CE Mark a requirement of the European Union (EU) only?

Not necessarily - Compliance with CE Marking directives is required by ALL the members of the European Economic Area (EEA) including the 28 Member States of the EU, AND the European Free Trade Association (EFTA) countries, Iceland, Norway, Liechtenstein. In addition, candidate countries for EU membership, regulate, or intend to regulate, closely with those in the EU. These include - Turkey, Iceland, Montenegro, Serbia, The former Yugoslav Republic of Macedonia, Albania ,Bosnia & Herzegovina and Kosovo. 

?        I want to export used (second-hand) machinery to the European Union (EU). Do I have to CE Mark it?

Yes - The Machinery Directive applies to used or second-hand machinery that was first made available with a view to distribution or use outside the EU. Thus used or second-hand machinery must fulfil all the obligations set out in the Directive and, therefore, be CE Marked. 

?        I could get a Notified Body to give me the advice and guidance and to CE Mark my machinery?  

No! - A Notified Body is specifically prohibited from offering advice and guidance and will NOT CE Mark your product. It can indicate how and where a machine fails to conform but it may not advise on any remedial actions! Its terms of registration state that “A Notified Body must maintain impartiality and independence from all its applicants and in no circumstances should it take on the role of Authorised Representative for any applicant.”   …. Robin J Carver has no such restrictions and offers a complete CE marking service! 

?        Will we have to reveal any professional or trade secrets related to our designs?

Both Yes and No! 
Yes – Robin J Carver will require certain information to undertake the conformity assessment procedures on your products. But be assured that he will respect the confidentiality of the information provided, obtained, revealed or received while carrying out the conformity assessment. A confidentiality agreement will be signed inclusive of any product and/or company information.
No - You are obliged to draw up a ‘Technical File’ which must demonstrate how the machinery complies with the requirements of the Directive. However, you may be assured that it is your property and you need only reveal it on a reasonable request by the national authorities in the EU in the event of a question relating to compliance. Article 18 of the Directive is your safeguard that ensures that the authorities must respect the confidentiality of any information provided. 

?        Is the Machinery Directive the only directive we need to be concerned about concerning our machinery?

Not necessarily – Clearly, the Machinery Directive (2006/42/EC) is the most important for industrial machinery but the following may have to be included in your compliance assessment:-

  • Low Voltage Directive (LVD) 2006/95/EC
  • Electromagnetic Compatibility (EMC) Directive 2004/108/EC
  • Pressure Equipment Directive (PED) 97/23/EC
  • ATEX Directive 94/9/EC

?        I would like to read the directives. Where can I see them?

Follow these links to download the directives:- 

  • Machinery Directive (MD) 2006/42/EC
  • Low Voltage Directive (LVD) 2006/95/EC
  • Electromagnetic Compatibility (EMC) Directive 2004/108/EC
  • Pressure Equipment Directive (PED) 97/23/EC

?        Why should we choose Robin J Carver as our compliance partner?

Robin J Carver knows the Directives, knows the industry, knows machinery, and continues to work at the forefront of European compliance, regulatory law and standardization.
In the United Kingdom, Robin is formally recognised and listed on the “Occupational Safety & Health Consultants Register” (OSHCR) as offering sensible and proportionate advice on machinery compliance and safety.
In Europe, Robin is formally recognised as a “European Occupational Safety & Health Manager”, competent to provide advice, support and management on risk assessment, audit, evaluation, investigation, training and other relevant activities throughout the European Union.
In the United States, Robin is formally recognised by the “American Society of Safety Engineers” (ASSE), the world’s oldest professional safety society. Providing expertise, leadership and commitment, and helping set the occupational safety & health standards for the professions excellence and ethics.

 

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