§70 機械指令

What are the requirements applicable to electrical equipment that is also a “machine” (within the meaning of the Machinery Directive)?

The “Machinery” Directive 2006/42/EC clarifies the borderline between the scope of the Machinery Directive and the LVD in order to provide greater legal certainty for manufacturers.

Certain categories of electrical and electronic machinery products are excluded from the scope of the Machinery Directive as set out in its Article 1(2) (k):

“(k) electrical and electronic products falling within the following areas, insofar as they are covered by Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits: — household appliances intended for domestic use;

— audio and video equipment; — information technology equipment; — ordinary office machinery; — low-voltage switchgear and control gear; — electric motors.”

All electrical and electronic products that does not fall into one of the above categories but meet the definitions of article 2 of the Machinery Directive is thus in the scope of the Machinery Directive.

Concerning the category mentioned in the first indent of Article 1(2) (k), “household appliances intended for domestic use”, several clarifications are necessary:

Firstly, the expression “household appliances” designates equipment intended for typical housekeeping functions such as washing, cleaning, heating, cooling, cooking, etc. Examples of household appliances include washing machines, dishwashers, vacuum cleaners and machinery for food preparation and cooking. On the other hand, electrical gardening machinery or power tools intended for the construction and repair work in the home are not covered by this exclusion.

Secondly, the exclusion concerns appliances “intended for domestic use”, in other words, appliances intended for use by private persons (consumers) in the home environment.

The statement from the manufacturer in the product information concerning the specific product is the criterion that has to be considered to determine the intended use of the appliance in this case and which Directive applies. Evidently this must accurately reflect the reasonably foreseeable use of the product.

Therefore, those household appliances intended specifically for commercial or industrial use are excluded from the scope of the LVD and included in the scope of the Machinery Directive.

Whilst it is possible for a consumer to acquire an appliance intended for commercial use or for a commerce to use an appliance intended for consumers, the criterion to be taken into account for determining the intended use is the use intended and stated by the manufacturer of the appliance concerned in the Declaration of Conformity and in the product information/instructions/advertising concerning the product.

The Commission issued a mandate to CEN and CENELEC to take account of the revised “Machinery” Directive 2006/42/EC. In particular, the mandate requested the European Standardisation Organisations to make the necessary adjustments to standardisation to take account of the redefined borderline between the Machinery Directive and the LVD and the fact that certain types of machinery, currently subject to the LVDe, may become subject to the Machinery Directive (see also Annex IX).

Electrical and electronic products that is not in any of the categories listed in Article 1(2) (k) of Machinery Directive 2006/42/EC and in the related clarifications above, but meet the definitions of article 2 of the Machinery Directive, must fulfil the safety objectives of the Low Voltage Directive. It should be noted that section 1.5.1 of Annex I to Machinery Directive 2006/42/EC requires the electrical machinery to meet the safety objectives of the LVD.

"1.5.1. Electricity supply Where machinery has an electricity supply, it must be designed, constructed and equipped in such a way that all hazards of an electrical nature are or can be prevented. The safety objectives set out in Directive 73/23/EEC shall apply to machinery. However, the obligations concerning conformity assessment and the placing on the market and/or putting into service of machinery with regard to electrical hazards are governed solely by this Directive.”

Thus, whilst machinery with an electrical supply must fulfil the safety objectives of the LVD, the manufacturer’s EC Declaration of conformity should not refer to the LVD but to the Machinery Directive.