THE SUPPLY OF MACHINERY (SAFETY) REGULATIONS 1992 (AS AMENDED)
GUIDELINES ON THE APPOINTMENT OF UK NOTIFIED BODIES
ISSUED BY THE DEPARTMENT OF TRADE AND INDUSTRY (DTI) ON BEHALF OF
THE SECRETARY OF STATE FOR TRADE AND INDUSTRY
1.
PREFACE
1.1. These guidelines describe the requirements which apply in the United Kingdom for
the assessment and appointment of Notified Bodies under the Supply of Machinery
(Safety) Regulations 1992 (S.I. 1992/3073) as amended (S.I. 1994/2063), which
implement the provisions of the EC Machinery Directive (98/37/EC) in UK law. A
further S.I. will be issued to take account of the Commission's codification of the
Machinery Directive but it should be stressed that this will not mean any policy changes
and will not affect the content of these Guidelines. Notified Bodies are appointed
under and operate according to the law which transposes the provisions of the
Directive. Please note that in these Regulations reference is made to "approved
bodies". The term "Notified Bodies" has been used in these Guidelines as all applicants
successfully assessed are notified to the European Commission and are thus "notified"
in accordance with the provisions of the Machinery Directive. The Directive applies
in the European Economic Area (EEA).
2.
INTRODUCTION
2.1. The European Community Directive on the approximation of the laws of the member
States concerning machinery was transposed into UK law through the Supply of
Machinery (Safety) Regulations 1992 which came into force on 1 January 1993 and
were amended by the Supply of Machinery (Safety) (Amendment) Regulations 1994.
All transitional periods have now expired. For ease of reference, this Directive was
formerly 89/392/EEC as amended by 91/368/EEC, 93/44/EEC and 93/68/EEC. The
Machinery Directive has since been codified into a single text - 98/37/EC which
combined all these texts into a single document. A Statutory Instrument further
amending the 1992 Regulations is being prepared to take this codification into account.
The single codified text of the Directive was adopted by the European Parliament
and the Council on 22 June 1998 and published in the Official Journal No. L 207 of
23 July 1998.
2.2 The Machinery Directive applies to both assemblies of machines and single products
which fall within the definition as shown in regulation 4 as well as relevant safety
components and interchangeable equipment. There is a specific list of products which
may require third party examination in Schedule 4 to the Supply of Machinery (Safety)
Regulations as amended (Annex IV of the Directive). In these cases, if a transposed
harmonised standard has not been used in order to ensure compliance for the product,
a third party is required to examine the product and to issue a type examination
certificate before it can be placed on the market in the EEA.
2.3. The conformity assessment procedures under the Regulations consist of self-
certification by the manufacturer of each product either directly in accordance with
the technical requirements set out in the Regulations or against a specific transposed
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Machinery Directive Guidelines for NB's - November 1999