General Requirements

The Regulations make it an offence for a ‘responsible person’ to supply machinery, partly-completed machinery or safety components unless they comply with the Regulations, (i.e. they have the requisite technical file, Declaration of Conformity, EC Type-examination certificate, Declaration of Incorporation as appropriate), is CE marked and is in fact ‘safe’.

CE Marking

CE marking must be affixed in a distinct, visible, legible and indelible manner.  The CE marking should not be affixed to machinery for which a declaration of incorporation has been issued.  The Regulations make it an offence to affix a mark to machinery which may be confused with CE marking.

Machinery or safety components that comply with the Regulations may also be subject to other Community Directives.  For example, an electric machine permanently installed in a building would need to comply with legislation implementing the Construction Products and Electromagnetic Compatibility Directives as well as any other existing relevant legislation.  In such cases, the CE marking indicates that the requirements of those other Directives have also been complied with.

Machinery bearing CE marking and accompanied by the EC declaration of conformity can be presumed to satisfy the provisions of the Machinery Directive unless there are reasonable grounds for suspecting otherwise.  A person who either supplies machinery which does not bear CE marking, or does so but there is doubt as to validity, is required, if requested by an enforcement authority from any EU Member State, to provide any available information that will allow it to determine its compliance.  Failure to supply such information could, as a minimum, lead to restrictions being placed on its use which, in turn, could also lead to criminal prosecution.

Part completed machinery (Declaration of Incorporation)

Because partly completed machinery is only intended to be incorporated into or assembled with other machinery, or partly completed machinery, it should not be CE marked.  Instead, the responsible person should complete a Declaration of Incorporation.  It is for the responsible person to CE mark the whole product at the point when it is placed on the market/put into service – the Declaration of Incorporation forming part of the technical file.

The Legislation and Brexit

The UK left the EU on 31st January 2020.  The CE marking system will continue unchanged in the UK during the transition period described in the withdrawal agreement, currently due to end in December 2020.

The UK regulations set out a further “time-limited period” during which CE marking and UKCA marking will both be accepted.

After that, UKCA marking will be required:

  • The “UK Conformity Assessed” UKCA logo will replace the CE logo
  • The UK Declaration of Conformity will replace the EU Declaration of Conformity, declaring conformity with the UKCA marking regulations instead of the EU directives and regulations.