Machinery Directive 2006/42/EC: The Complete Guide for Manufacturers

Machinery Directive 2006/42/EC is the central body of rules for the safety of machinery in the European Economic Area. It defines the essential health and safety requirements that every machinery manufacturer must meet. This guide explains the scope, the essential requirements and the conformity assessment procedures, and looks ahead to the transition to the new EU Machinery Regulation.

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Background and significance

Machinery Directive 2006/42/EC was adopted by the European Parliament and the Council on 17 May 2006 and has been mandatory since 29 December 2009. It replaced the previous Machinery Directive 98/37/EC and harmonises the safety requirements for machinery in all EU member states as well as the EEA states Iceland, Liechtenstein and Norway.

The Directive pursues two equal aims: to guarantee the free movement of machinery within the single market and at the same time to ensure a high level of protection for the health and safety of users. Each member state has transposed the Directive into national law; in Germany through the Product Safety Act (ProdSG) in conjunction with the Machinery Ordinance (9. ProdSV).

In Switzerland the Machinery Ordinance (MaschV) applies, which is largely identical in substance to the Directive.

Scope: which products fall under the Machinery Directive?

Article 1(1) of the Directive defines the scope. The Directive applies to the following products:

Machinery

An assembly of linked parts or components, at least one of which moves, joined together for a specific application. Decisive is the presence of a drive system other than directly applied human or animal effort. Assemblies that only need to be installed and connected also fall under this.

Interchangeable equipment

Devices which the operator assembles to a machine after it has been put into service in order to change its function or add a new function. Example: an attachment for a tractor or an interchangeable tool for a CNC machine.

Safety components

Components which serve to fulfil a safety function and are placed on the market independently. Examples: light curtains, two-hand controls, protective hoods, roll-over protective structures (ROPS). Annex V of the Directive contains a non-exhaustive list.

Lifting accessories

Components or equipment not attached to the lifting machinery which allow the load to be held. Examples: slings, spreader beams, grabs, vacuum lifters.

Chains, ropes and webbing

Chains, ropes and webbing designed and constructed for lifting purposes as part of lifting machinery or lifting accessories.

Removable mechanical transmission devices

Transmission shafts for transmitting power between a self-propelled machine and a driven machine, including the associated guards.

Partly completed machinery

Assemblies which are almost machinery but cannot in themselves perform a specific function. Example: a drive system or a robot arm without a control system. Simplified requirements apply to partly completed machinery (Declaration of Incorporation instead of Declaration of Conformity).

Exclusions from the scope

Not covered by the Directive are, among others: safety components intended to be used as spare parts to replace identical components, fairground equipment, machinery specially designed for nuclear purposes, weapons, certain agricultural and forestry tractors and seagoing vessels. Electrical and electronic products of certain categories (household appliances, audio and video equipment, IT equipment) are also excluded insofar as they are covered by other specific directives.

Essential health and safety requirements

Annex I of the Directive contains the essential health and safety requirements (EHSRs). They are formulated as binding protection objectives, not as concrete technical solutions. The most important areas are:

Part 1: General principles

Integration of safety (three-step method), materials, lighting, handling, ergonomics, operating positions, control systems, protection against mechanical, electrical and other hazards, maintenance, information and markings, instructions.

Part 2: Foodstuffs machinery and machinery for cosmetics or pharmaceutical products

Additional hygiene requirements, material requirements for contact with foodstuffs, cleanability.

Part 3: Machinery with hazards due to its mobility

Requirements for mobile machinery, driving position, steering, braking, stability.

Part 4: Lifting operations

Stability, load-bearing capacity, control of movements, load handling, marking of lifting machinery and lifting accessories.

Part 5: Machinery for underground work

Special requirements for machinery used underground (mining).

Part 6: Lifting of persons

Requirements for machinery that carries or lifts persons, for example mobile elevating work platforms.

In the risk assessment the manufacturer must examine which of these requirements apply to the specific machine. Only the requirements that are actually relevant have to be met, but the examination and the reasoning must be documented.

Conformity assessment procedures

The Directive offers several conformity assessment procedures, depending on whether the machine is listed in Annex IV:

Machinery NOT in Annex IV

For the vast majority of machinery: the manufacturer carries out the conformity assessment entirely in-house.

No notified body required. This is the simplest and most common procedure.

Machinery IN Annex IV, with harmonised standard

Machinery in Annex IV has a higher hazard potential. If the manufacturer applies the relevant harmonised standards in full, the manufacturer may nevertheless carry out the conformity assessment in-house.

The full application of the harmonised standard must be documented.

Machinery IN Annex IV, without harmonised standard

If no harmonised standard is applied in full for an Annex IV machine, a notified body must be involved.

Notified bodies in Germany include, for example, TÜV, DGUV Test or various testing institutes.

The most important annexes of the Directive at a glance

AnnexContent
Annex IEssential health and safety requirements
Annex IIDeclarations (A: EC Declaration of Conformity, B: Declaration of Incorporation)
Annex IIICE marking (design and proportions)
Annex IVMachinery with a particular hazard potential (23 categories)
Annex VNon-exhaustive list of safety components
Annex VIITechnical file (minimum content)
Annex VIIIAssessment of conformity with internal checks on the manufacture of machinery
Annex IXEC type-examination by a notified body
Annex XFull quality assurance

Transition to EU Machinery Regulation (EU) 2023/1230

On 29 June 2023 the new EU Machinery Regulation was published in the Official Journal of the EU. It will fully replace Machinery Directive 2006/42/EC on 20 January 2027.

The most important changes of the Regulation compared with the Directive:

New risk categories: Cybersecurity requirements for machinery with digital elements and specific requirements for AI-based safety functions

Digital operating instructions: The operating instructions may be provided in digital form for the first time, with a free paper copy on request

Substantial modification: A clear definition of when a modification to an existing machine requires a new conformity assessment

Extended Annex IV (now Annex I of the Regulation): Six categories in Annex I Part A will in future always require a notified body, including for the first time AI-based safety functions

Stronger market surveillance: Extended powers for the authorities and stricter obligations for online marketplaces

The cut-over question: which legal act applies to my machine?

The only thing that counts is the date of placing on the market, not the putting into service: a machine placed on the market by 19 January 2027 runs entirely under the Directive; it remains permanently marketable afterwards and may be put into service at the customer's premises after the cut-over date (Article 52 of the Regulation). Machinery placed on the market from 20 January 2027 must comply with the Regulation; the Directive is then no longer a conservative alternative but inadmissible (Article 51(2) of the Regulation). There is no right to choose between the two legal acts at any point in time.

What manufacturers should do now

Up to the cut-over date, the Directive must be mastered with confidence, while the Regulation is prepared in parallel: analyse the new requirements (cybersecurity, Annex I Part A/Part B, digital operating instructions), review your existing processes and determine for every ongoing project whether the placing on the market will still take place before 20 January 2027.

Conclusion: the Directive as the foundation of machinery safety

For almost two decades Machinery Directive 2006/42/EC has defined the legal framework for machinery safety in Europe. Its basic principles (the risk-based approach, presumption of conformity through harmonised standards, the manufacturer's own responsibility) remain in place under the new EU Machinery Regulation as well.

For manufacturers this means: whoever masters the Directive with confidence today has a good foundation for the transition to the Regulation.

FAQ

Frequently asked questions about Machinery Directive 2006/42/EC

What is Machinery Directive 2006/42/EC?
Machinery Directive 2006/42/EC is the central piece of EU harmonisation legislation on the safety of machinery in the European Economic Area and has been mandatory since 29 December 2009. It lays down the essential health and safety requirements, the conformity assessment procedures and the conditions for the CE marking of machinery. In Germany it is transposed into national law through the Product Safety Act (ProdSG) in conjunction with the Machinery Ordinance (9. ProdSV).
When does the EU Machinery Regulation replace the Machinery Directive?
EU Machinery Regulation (EU) 2023/1230 fully replaces Machinery Directive 2006/42/EC on 20 January 2027. It was published in the Official Journal of the EU on 29 June 2023. Although the Machinery Regulation is only binding from January 2027, manufacturers should begin preparing now and adapt their technical documentation step by step.
Which products fall under Machinery Directive 2006/42/EC?
Under Article 1(1), the Machinery Directive covers not only machinery but also interchangeable equipment, safety components, lifting accessories, chains, ropes and webbing for lifting purposes, removable mechanical transmission devices and partly completed machinery. Machinery is an assembly of linked parts with a drive system other than directly applied human or animal effort. Exempted are, among others, fairground equipment, machinery specially designed for nuclear purposes, weapons and seagoing vessels.
When do I need a notified body for the conformity assessment of a machine?
A notified body is only required if machinery listed in Annex IV is placed on the market without a fully applied harmonised standard. For the vast majority of machinery not listed in Annex IV, the manufacturer carries out the conformity assessment entirely in-house. Even for Annex IV machinery, the manufacturer can self-assess if the relevant harmonised standards are applied in full and documented.
What changes with the EU Machinery Regulation compared with the Machinery Directive?
The EU Machinery Regulation brings above all new cybersecurity requirements for machinery with digital elements and specific requirements for AI-based safety functions. The operating instructions may be provided digitally for the first time, with a free paper copy available on request. Added to this are a clear definition of substantial modification, an extended annex (six categories will in future always require a notified body) and stronger market surveillance with stricter obligations for online marketplaces.

Implement the Directive and the Regulation with confidence

CE-Copilot supports you in implementing the Machinery Directive and prepares you for the new EU Machinery Regulation, AI-assisted and in line with the standards.