Mandato M/396 del 19 dicembre 2006

Mandato M/396 del 19 dicembre 2006

Directive 2006/42/EC "Machinery"

This mandate relates to Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC1 . This Directive is a revision (recast) of the current Machinery Directive 98/37/EC2.

It came into force on 29 June 2006. Its provisions must be transposed into the national law of the Member States by the 29th June 2008 and will become applicable on 29 December 2009. According to Article 5 of the revised Directive, machinery subject to the Directive must satisfy the relevant essential health and safety requirements set out in Annex I before being placed on the market. Article 7 of the revised Directive states that machinery manufactured in conformity with a harmonised standard, the references of which have been published in the Official Journal of the European Union, shall be presumed to comply with the essential health and safety requirements covered by the standard. The scope of the revised Directive, set out in Article 1, is extended in so far as certain types of machinery have been removed from the list of exclusions.

The borderline between the scope of the Machinery Directive and other Directives, in particular, the Low Voltage Directive, 73/23/EEC, and the Lifts Directive, 95/16/EC, have been redefined in order provide greater legal certainty. Compared with the current Machinery Directive, Annex I to Directive 2006/42/EC does not introduce major changes to the essential health and safety requirements applicable to machinery. However, several of these requirements, such as those relating to ergonomic principles and machine emissions, have been made more precise.

A limited number of new essential health and safety requirements have been introduced to deal with risks associated with the types of machinery brought into the scope of the Directive. Furthermore, certain requirements that are currently applicable only to mobile or lifting machinery have been made applicable to any machinery presenting the risks concerned

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