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Comparison of Legal Requirements: The Machinery Directive vs. the Machinery Regulation

1.7.3 Marking of machinery

Changes

The requirements are moved from the detailed requirements in this point to references to other articles and chapters.

- Requirement removed: specified list of information (manufacturer’s name and address, machine designation, CE marking, series/type designation, serial number, year of manufacture)

- New requirement: "In addition to the marking requirements in Articles 10 and 24, machines or related products shall be provided with a fully visible, legible and durable marking."

Excerpt from Article 10:

2. Where the conformity assessment procedure has demonstrated that a machine or related product complies with the essential health and safety requirements in Annex III, the manufacturers shall draw up an EU declaration of conformity in accordance with Article 21 and affix the CE marking in accordance with Article 24."

5. Manufacturers shall ensure that the machine or related product they place on the market or put into service is marked with at least the model designation of the machine or related product, series or type, year of manufacture, i.e. the year in which manufacturing was completed, as well as any batch or serial number or other existing identification marking, or, where this is not possible because of the size or nature of the machine or related product, that the required information is affixed to the packaging or included in a document accompanying the machine or related product.

6. Manufacturers shall indicate their name, registered company name or registered trade mark, as well as postal address and website, e-mail address or other digital means of contact through which they can be contacted, on the machine or related product or, where this is not possible, on the packaging or in a document accompanying the machine or related product. The address shall indicate only one point of contact to the manufacturer. The contact details shall be in a language easily understood by users and market surveillance authorities.

Article 24 in full:
Rules for affixing the CE marking to machines and related products
1. The CE marking shall be affixed to the machine or related product so that it is visible, easily legible and indelible.
If this is not possible or is not justified by the nature of the machine or related product, it shall be affixed to the packaging and to the documents accompanying the machine or related product.

2. The CE marking shall be affixed before the machine or related product is placed on the market or put into service.

3. Where the conformity of a machine or related product is assessed in accordance with the conformity assessment procedure referred to in Article 25.2(a), (b) and (c) and 25.3(b), (c) and (d), the CE marking shall be followed
by the identification number of the notified body involved in that procedure.

The notified body’s identification number shall be affixed by the body itself or, in accordance with the body’s instructions, by the manufacturer or the manufacturer’s representative.

4. The CE marking and, where applicable, the notified body’s identification number may be accompanied by a pictogram or any other marking indicating a specific risk or a specific area of use.

5. The Member States shall rely on existing mechanisms to ensure that the provisions on CE marking are correctly applied and shall take appropriate measures in the event of improper use of the marking.


- New requirement: "Machines or related products covered by Chapters 2 to 6 of this Annex shall also be marked in accordance with the additional requirements set out in those Chapters."

- Requirement removed: "It is prohibited to antedate or postdate the machine when the CE marking is affixed."

- The scope is extended to include related products

Proposed measures

This is an important change in how compliance is verified.
Previously: checklist directly in 1.7.3. Now: the requirements are distributed and must be gathered from several articles

- Ensure that the marking meets the requirements of Article 10:
- model/type designation
- year of manufacture
- serial number or other identification
- manufacturer's name and contact details

Excerpt from Article 10:

2. Where compliance of machinery or a related product with the essential health and safety requirements laid down in Annex III has been demonstrated by that conformity assessment procedure, manufacturers shall draw up the EU declaration of conformity in accordance with Article 21 and affix the CE marking in accordance with Article 24.

5. Manufacturers shall ensure that the machinery or related product which they place on the market or put into service bears at least a designation of the machinery or related product model, series or type, the year of construction, namely the year in which the manufacturing process was completed, and any batch or serial number or other element allowing its identification that exists, or, where the size or nature of the machinery or related product does not allow this, that the required information is provided on the packaging or in a document accompanying the machinery or related product.

6. Manufacturers shall indicate their name, registered trade name or registered trade mark, and the postal address and website, e-mail address or other digital contact at which they can be contacted, on the machinery or related product or, where that is not possible, on its packaging or in a document accompanying the machinery or related product. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by users and market surveillance authorities.

- Verify that the contact details include at least one point of contact (e.g. address + digital contact channel)

- Ensure that the CE marking meets the requirements of Article 24:
- visible, legible and durable
- correctly placed (on the machine, or alternatively on the packaging/document if necessary)

Article 24 in full:
Rules for affixing the CE marking to machinery and related products

  1. The CE marking shall be affixed visibly, legibly and indelibly to the machinery or related product. Where that is not possible or not warranted on account of the nature of the machinery or related product, it shall be affixed to the packaging and to the documents accompanying the machinery or related product.

  2. The CE marking shall be affixed before the machinery or related product is placed on the market or put into service.

  3. Where the conformity of machinery or a related product is assessed in accordance with the conformity assessment procedure referred to in Article 25(2), points (a), (b) and (c) and in Article 25(3), points (b), (c) and (d), the CE marking shall be followed by the identification number of the notified body involved in that procedure.
    The identification number of that notified body shall be affixed by the body itself or, under its instructions, by the manufacturer or the manufacturer’s authorised representative.

  4. The CE marking and, where applicable, the identification number of the notified body may be followed by a pictogram or any other marking indicating a special risk or use.

  5. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.


    - Check whether a notified body is used:
    - ensure that the identification number is correctly indicated together with the CE marking

    - Identify whether the machine falls under Chapters 2–6:
    - verify that any additional marking requirements therein are fulfilled

    - Ensure that the marking still contains all necessary safety-related information under 1.7.1

    - Update the internal checklist:
    - shift the focus from point 1.7.3 → Article 10 and 24

    - Review the technical documentation and DoC:
    - ensure that references have been updated to the correct articles

    - Ensure that procedures are in place for marking even when:
    - the machine is too small
    - the marking must be placed on the packaging/document

    - If necessary: update nameplates/layout according to the new structure


Machinery Directive statutory text

1.7.3. Marking of machinery

All machinery must be marked visibly, legibly and indelibly with the following minimum particulars:

— the business name and full address of the manufacturer and, where applicable, his authorised representative,

— designation of the machinery,

— the CE Marking (see Annex III),

— designation of series or type,

— serial number, if any,

— the year of construction, that is the year in which the manufacturing process is completed.

It is prohibited to pre-date or post-date the machinery when affixing the CE marking.

Furthermore, machinery designed and constructed for use in a potentially explosive atmosphere must be marked accordingly.

Machinery must also bear full information relevant to its type and essential for safe use. Such information is subject to the requirements set out in section 1.7.1.

Where a machine part must be handled during use with lifting equipment, its mass must be indicated legibly, indelibly and unambiguously.

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Machinery Regulation legal text

1.7.3. Marking of machinery or related products

In addition to the marking requirements in Article 10 and 24, machinery or related products shall be marked visibly, legibly and indelibly.

Machinery or related products covered by chapters 2 to 6 of this Annex shall also be marked according to the additional requirements set out in those chapters.

Furthermore, machinery, or a related product, designed and constructed for use in a potentially explosive atmosphere shall be marked accordingly.

Machinery or related products shall also bear full information relevant to their type and essential for safe use. Such information is subject to the requirements set out in section 1.7.1.

Where machinery or a related product part is handled during use with lifting equipment, its mass shall be indicated legibly, indelibly and unambiguously.

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