Machinery Directive 2006/42/EC Closing of "loopholes" through ...

Dannecker / Ostermann: Loopholes in the Machinery Directive 2006/42/EC2. Assembly instructions instead ofoperating instructionsAccording to the procedure for partlycompleted machinery described inArticle 13 Machinery Directive, themanufacturer must ensure that assemblyinstructions in accordance withAnnex VI Machinery Directive are drawnup and that these are included with thepartly completed machinery. According toAnnex VI Machinery Directive, theassembly instructions for partly completedmachinery must contain a description ofthe conditions which must be met with aview to correct incorporation of the partlycompleted machinery into the finalmachinery, so as not to compromisesafety and health of persons.These are therefore installation orassembly instructions for the owner/buyer.The question must be permitted at thispoint as to where the stipulations for theintended use of the partly completedmachinery (this is by no means exhaustedby the simple installation in final machinery,as the partly completed machineryalso has to fulfil certain functions) or eventhe reasonably foreseeable misuse of thepartly completed machinery are contained,and in particular what risks exist during theuse of the partly completed machinery- after installation - and how users canprotect themselves against these risks.Strictly speaking, this information does notform part of the assembly instructions. Thebuyer is therefore neither informed aboutthe intended use of the partly completedmachinery, nor does he receiveinformation on (residual) risks which canarise during such an intended use orreasonably foreseeable misuse of thepartly completed machinery. Theconclusions drawn by the EU Commissionon the stipulations in the assemblyinstructions in § 390 of the EU Guide tothe Machinery Directive 9 therefore go toofar, even if this would be desirable for thepractical application.9 Guide to Application of the Machinery Directive2006/42/EC, 2 nd Edition June 201010