Appendix 2 Extract from the EC Machinery Directive (98/37/EC)
ANNEX VII
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES FOR THE
NOTIFICATION OF BODIES
For the purposes of this Annex, "machinery" means either "machinery" or "safety
component" as defined in Article 1(2)
1
The body, its director and the staff responsible for carrying out the verification tests
shall not be the designer, manufacturer, supplier or installer of machinery which they
inspect, nor the authorised representative of any of these parties. They shall not
become either involved directly or as authorised representatives in the design,
construction, marketing or maintenance of the machinery. This does not preclude
the possibility of exchanges of technical information between the manufacturer and
the body.
2
The body and its staff shall carry out the verification tests with the highest degree of
professional integrity and technical competence and shall be free from all pressures
and inducements, particularly financial, which might influence their judgement or the
results of the inspection, especially from persons or groups of persons with an interest
in the result of verifications.
3
The body shall have at its disposal the necessary staff and possess the necessary
facilities to enable it to perform properly the administrative and technical tasks
connected with verification it shall also have access to the equipment required for
special verifications.
4
The staff responsible for inspection shall have:
-
sound technical and professional training,
-
satisfactory knowledge of the requirements of the tests they carry out and
adequate experience of such tests,
-
the ability to draw up the certificates, records and reports required to authenticate
the performance of the tests.
5
The impartiality of inspection staff shall be guaranteed. Their remuneration shall not
depend on the number of tests carried out or on the results of such tests.
6
The body shall take out liability insurance unless its liability is assumed by the State
in accordance with national law, or the Member State itself is directly responsible for
the tests.
7
The staff of the body shall be bound to observe professional secrecy with regard to
all information gained in carrying out its tasks (except vis-à-vis the competent
administrative authorities of the State in which its activities are carried out) under this
Directive or any provision of national law giving effect to it.
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Machinery Directive Guidelines for NB's - November 1999