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Directive 2006/42/EC vs. Regulation (EU) 2013/1230

What's the Difference?

Directive 2006/42/EC and Regulation (EU) 2013/1230 both pertain to the regulation of machinery within the European Union. However, Directive 2006/42/EC focuses on the harmonization of laws relating to the placing on the market and use of machinery, while Regulation (EU) 2013/1230 specifically addresses the requirements for the CE marking of machinery. While Directive 2006/42/EC sets out the essential health and safety requirements that machinery must meet, Regulation (EU) 2013/1230 provides more detailed guidelines on the process of affixing the CE marking to machinery. Both directives play a crucial role in ensuring the safety and quality of machinery within the EU market.

Comparison

AttributeDirective 2006/42/ECRegulation (EU) 2013/1230
ScopeApplies to machineryApplies to equipment and protective systems
Legal BasisDirectiveRegulation
ImplementationImplemented by Member StatesDirectly applicable in all Member States
HarmonizationHarmonizes national lawsHarmonizes technical requirements

Further Detail

Introduction

Directive 2006/42/EC and Regulation (EU) 2013/1230 are both key pieces of legislation in the European Union that aim to regulate the manufacturing and placing on the market of machinery. While they share the common goal of ensuring the safety of machinery and protecting the health of users, there are significant differences in their scope, requirements, and implementation. In this article, we will compare the attributes of Directive 2006/42/EC and Regulation (EU) 2013/1230 to provide a comprehensive understanding of their similarities and differences.

Scope

Directive 2006/42/EC, also known as the Machinery Directive, sets out the essential health and safety requirements for machinery and safety components placed on the market within the EU. It applies to a wide range of machinery, including agricultural and forestry machinery, construction machinery, and industrial machinery. On the other hand, Regulation (EU) 2013/1230, known as the Market Surveillance Regulation, focuses on the surveillance of the market for products, including machinery, to ensure compliance with EU legislation. It aims to strengthen market surveillance activities and improve cooperation between Member States.

Requirements

Directive 2006/42/EC lays down specific requirements that manufacturers must meet to ensure the safety of machinery, such as risk assessment, technical documentation, and CE marking. It also requires manufacturers to draw up an EU Declaration of Conformity and keep technical documentation for a period of 10 years. In contrast, Regulation (EU) 2013/1230 sets out requirements for market surveillance authorities to carry out checks on products, including machinery, to verify compliance with EU legislation. It also establishes procedures for cooperation between Member States in cases of non-compliance.

Implementation

Directive 2006/42/EC is implemented by Member States through national legislation, which transposes the requirements of the Directive into national law. Manufacturers are responsible for ensuring that their machinery complies with the requirements of the Directive before placing it on the market. Market surveillance authorities are responsible for monitoring compliance and taking action in cases of non-compliance. On the other hand, Regulation (EU) 2013/1230 is directly applicable in all Member States, meaning that it does not require transposition into national law. Market surveillance authorities are responsible for implementing the Regulation and carrying out checks on products to ensure compliance.

Enforcement

Directive 2006/42/EC provides for penalties and sanctions in cases of non-compliance with the requirements of the Directive. Member States are responsible for enforcing these penalties, which may include fines, product recalls, or withdrawal of the CE marking. Market surveillance authorities play a key role in enforcing the Directive by carrying out checks on products and taking action in cases of non-compliance. Regulation (EU) 2013/1230 also provides for penalties and sanctions in cases of non-compliance with EU legislation, including fines and product recalls. Market surveillance authorities are responsible for enforcing the Regulation and coordinating enforcement actions between Member States.

Conclusion

In conclusion, Directive 2006/42/EC and Regulation (EU) 2013/1230 are both important pieces of legislation in the EU that aim to ensure the safety of machinery and protect the health of users. While Directive 2006/42/EC focuses on setting out requirements for manufacturers to comply with before placing machinery on the market, Regulation (EU) 2013/1230 focuses on market surveillance activities to verify compliance with EU legislation. Both instruments play a crucial role in ensuring the safety and quality of machinery in the EU market.

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