Nouveau guide (version 2.3) pour l'application de la directive Machines

Titre

Contenu

§ 255

In 2023 no less than 93% of EU households had internet access. Under these circumstances, and in light of the new Machinery Regulation’s provisions on the format of the instructions, one can consider that respecting those provisions, including the obligation to provide the essential safety information in paper format in the case of non-professional use, also ensures compliance with the corresponding provisions of the Machinery Directive.

Instructions for use when they are provided in digital format

When the instructions for use are provided in digital format, the provisions of Article 10(7) of the new Machinery Regulation can ensure compliance.

Compliance with Article 10(7) of that Regulation is appropriate given that the Regulation sets out specific obligations on the manufacturers when they provide the instructions for use in digital format.

In addition, in case of machinery for non-professional use made physically available in Member States, it is recommended that the following statement is provided in the essential safety information or on the packaging or on the machinery itself: ‘The purchaser has the right to request to obtain, free of charge, the instructions for use in paper format’.

This statement should be in a language which can be easily understood by the purchasers in those Member States, as determined by those Member States (see §246). It should be complemented with contact information (postal address and/or telephone) and indicate how those instructions can be requested.

Meaning of ‘safety information that is essential’ mentioned in the fourth subparagraph of Article 10(7) of the new Machinery Regulation

It is understood that such information should, as a minimum, consist of information relating to assembly, start-up, use, maintenance and transport of the machinery, ensuring that, by following those instructions, the safety or health of the user or a third person is not at risk. This information should be consistent with the instructions for use.

Based on the risk assessment of the manufacturer, it might be necessary to provide additional information within the safety information that is deemed essential.

§ 261

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The instructions for use and EC Declaration of Conformity do not have to have the same format and do not have to form an inseparate physical or digital document. The EC Declaration of Conformity may be provided in paper format even when the instructions for use are provided in digital format (see §255) and vice versa. Such instructions may contain the EC Declaration of Conformity itself, or the internet address or machine readable code, where the EC Declaration of Conformity can be accessed.

When the EC Declaration of Conformity is provided in digital format, the provisions of Article 10(8) of the new Machinery Regulation can ensure compliance.
Compliance with Article 10(8) of that Regulation is appropriate given that the Regulation sets out specific obligations on the manufacturers when they provide EC Declaration of Conformity in digital format.

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Assembly instructions, which may be provided in digital format (see §390)

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§ 382

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The EC Declaration of Conformity must be typewritten (printed) or handwritten in capital letters. 

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§ 384

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The Declaration of Incorporation and assembly instructions for partly completed machinery do not have to have the same format and do not have to form an inseparate physical or digital document. The Declaration of Incorporation may be provided in paper format even when the assembly instructions are provided in digital format (see §390) and vice versa. Such assembly instructions may contain the Declaration of Incorporation itself, or the internet address or machine readable code, where the Declaration of Incorporation can be accessed.

When the Declaration of Incorporation is provided in digital format, the provisions of Article 11(8) of the new Machinery Regulation can ensure compliance.

Compliance with Article 11(8) of that Regulation is appropriate given that the Regulation sets out specific obligations on the manufacturers when they provide Declaration of Incorporation in digital format.

§ 390

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When the assembly instructions are provided in digital format, the provisions of Article 11(7) of the new Machinery Regulation can ensure compliance.

Compliance with Article 11(7) of that Regulation is appropriate given that the Regulation sets out specific obligations on the manufacturers when they provide the assembly instructions for partly completed machinery in digital format.

In addition, in case of partly completed machinery made physically available in Member States, it is recommended that the following statement is provided on the packaging, in an accompanying document or on the partly completed machinery itself: ‘The purchaser has the right to request to obtain, free of charge, the assembly instructions in paper format’.

This statement should be in a language which can be easily understood by the purchasers in those Member States, as determined by those Member States (see §246). It should be complemented with contact information (postal address and/or telephone) and indicate how those instructions can be requested.

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