关于新机械指令2006/42/EC的一些问题（FAQ)

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1. Question:--关于过渡期
9 w. S# _8 d5 i* J$ C* MIs there a transition period for application of Directive 2006/42/EC?
Answer :
In general, there is no transition period, in the sense of a period during which both the current
3 H' ^) |3 N) w$ n" P" U* a& DMachinery Directive and the new Machinery Directive are applicable (with one exception: there is a
0 r: D) a  k6 S$ w6 Ptransition period until 29th June 2011 for the particular case of portable cartridge-operated fixing and
3 q: h8 T! D0 P9 k6 @3 jother impact machinery).
However there is a period of adaptation, since the provisions of the Directive 2006/42/EC become
applicable on 29th December 2009. During this period, all of the stakeholders concerned will be able to
/ t8 ?" `7 u; R  b) R* |  Stake the necessary steps to ensure a smooth transition from the current Directive to the new Directive.
5 }6 T' ?+ v. \5 V) l2 H0 }7 [2. Question:--关于是否使用新旧指令
Can manufacturers anticipate application of the new Machinery Directive?的应用
6 J5 x+ w  v' a& U) D* \7 o$ uAnswer:
Yes and no. Manufacturers can and should anticipate application of Directive 2006/42/EC from a
practical and technical point of view, however, from a formal, legal point of view, the Directive cannot
- o: R. P1 d( |3 m6 {, j3 q. lbe applied before 29th December 2009:
- From the practical and technical point of view, manufacturers are encouraged to review their
products without delay and adapt them as necessary to take account of the requirements of the
& x6 N* N! w, ~. z9 @5 ?  ^new Directive. While machinery placed on the market before 29th December 2009 must
1 ]. d' H9 }/ d: u: t* Zcontinue to comply with Directive 98/37/EC, it can be assumed that a product that complies
with the essential requirements of the new Machinery Directive continues to comply with the
current Directive.
0 r, N+ u- b) V# V- From the formal, legal point of view, machinery can only be placed on the market with
reference to Directive 2006/42/EC as from 29th December 2009.
6 {) R6 X9 _' f6 y3 J8 I/ m3. Question:---满足新指令宣告
When shall a manufacturer establish an EC Declaration of conformity according to Directive
  O& x* V& b; p! X) b$ E2006/42/EC?
2 u2 u- t  X& w4 D9 [/ _( oAnswer:
, P) r  X. e: L* DA manufacturer shall establish an EC Declaration of conformity according to Directive 2006/42/EC
for products first placed on the market as from 29th December 2009.
- w1 g* ]6 [% ?1 d3 A9 ~In cases where the manufacturer cannot be certain on what date individual products will be first placed
on the market, providing the products concerned comply with both the current and the new Directives,
he may establish an EC Declaration of conformity referring to both Directive 98/37/EC and Directive
- K" q! U' n( D- `3 q" [2006/42/EC. The reference to Directive 98/37/EC should be removed from the EC Declaration of
" \5 E4 V5 N/ \4 J5 pconformity after the 29th December 2009.
" ~1 L1 g2 @; Z% w4. Question:---关于旧指令的协调标准新指令是否适用
Can the current harmonised standards be used to comply with Directive 2006/42/EC?
/ @+ n5 A5 g3 m' J6 KAnswer:
. ]* X  H' z# {3 F# J  a  PSince there have been some modifications to the essential health and safety requirements set out in
Annex I, it cannot be assumed that the current harmonised standards comply fully with Directive
) d, F2 Z. s/ a4 L9 F2 [6 ]6 @5 v2006/42/EC.
( f( g! l6 p* ^- Y! f" ZThe European Commission is issuing a mandate to CEN and Cenelec to develop the necessary new
- G  p/ q- Q3 O7 B, g" kstandards and ensure that the current standards are checked against Directive 2006/42/EC and adapted
as necessary. Furthermore, all harmonised standards must include a reference to the new Directive.
The Commission intends to publish a list of harmonised standards supporting Directive 2006/42/EC
6 t4 m, ]3 }2 z" P( ^before the Directive becomes applicable.
5. Question:--关于附录IV产品，制造商何时可以使用全新的质量保证程序
When will manufacturers be able to use the new full quality assurance procedure for Annex IV
, ]+ A! y! m( J7 W8 H& l  Amachinery?
$ F6 R$ M: x$ ?8 k, M" y/ ~Answer:
+ F, r7 i1 s, b5 V7 E/ NThe Member States will first have to assess, appoint and notify Notified Bodies for the new full
quality assurance procedure set out in Annex X of the new Directive. This can be done as soon as
Directive 2006/42/EC has been transposed into national law.
As soon as Bodies have been notified for this procedure, they will be able to carry out the necessary
5 ~9 i" g- @* K8 Jaudits and inspections and issue approvals of manufacturers’ full quality assurance systems. However,
products cannot be placed on the market on the basis of such approvals until Directive 2006/42/EC
becomes applicable on 29th December 2009.
6. Question:--关于现有的NB能否做新指令的型式认证
: ~: Z3 K4 o, E: V( b) A- z6 e# sWill the existing Notified Bodies be able to carry out EC type-examinations according to Directive
2006/42/EC?
9 ^- C9 L; w7 F( l" B; M7 gAnswer:
Bodies that are notified to carry out EC type-examinations under Directive 98/37/EC will be able to
$ w0 Q. D/ [2 {9 K( I6 j3 Y1 @4 qcontinue to carry out EC type-examinations under Directive 2006/42/EC, providing their notification
+ Q- M2 D4 Q5 q7 e& i$ jcovers the product categories concerned.
& p( s$ U$ u% R' m" N8 YFor product categories included in Annex IV of Directive 2006/42/EC that are not listed in Annex IV
of Directive 98/37/EC, the Member States will have to notify new Bodies or extend the scope of the
notification of existing ones.

) t6 h% U; `9 s6 u3 j3 R7. Question:--关于按旧指令做的型式认证是否适用于新指令
' ^3 |' x# v2 U- }7 jWill EC type-examination certificates established according to Directive 98/37/EC remain valid for
9 v. }; w) J% RDirective 2006/42/EC?
' @' ~) A$ I4 f0 j& b' `Answer:
Since there have been some modifications to the essential health and safety requirements set out in
: K, O. I" V! i) @. Q0 V- LAnnex I, it cannot be assumed that EC type-examination certificates issued according to Directive
& L$ [2 G6 r. v2 Q0 D98/37/EC remain valid for Directive 2006/42/EC. Furthermore, such certificates must be updated to
refer to Directive 2006/42/EC..
Notified Bodies will thus have to review existing EC type-examination certificates to ensure that they
remain valid in light of the requirements of the new Directive and update them to refer to Directive
2006/42/EC. Manufacturers are encouraged to request this review without delay in order to avoid a
bottleneck in the months preceding December 2009.
Since Directive 2006/42/EC requires EC type-examination certificates to be reviewed every 5 years
(see Annex IX, section 9.3), the 5-year period for existing certificates can be counted from the date on
! D8 G0 e& v4 C( b* b- V3 A/ w5 \: }which they have been updated according to Directive 2006/42/EC.
8. Question:
' ~& `% N# @3 H% S& o) F+ oWhat will happen to products certified according to one of the procedures set out in Article 8 (2) (c)
; Y$ o. P: c, \# O$ zof Directive 98/37/EC (Receipt of techncial file or Certificate of adequacy to harmonised
$ ]" F0 L) [( l) v, xstandards)?
Answer:
The procedures set out in Article 8 (2) (c) of Directive 98/37/EC will no longer exist under Directive
2006/42/EC. As from 29th December 2009, manufacturers of products placed on the market on the
basis of these procedures will therefore have to apply one of the procedures set out in Article 12 (3)
5 C0 ^, k; ?( `- y% Dand (4) of Directive 2006/42/EC.
For products manufactured in accordance with harmonised standards that cover all the relevant health
7 O+ }/ E" @! Tand safety requirements, the manufacturer will be able to certify the conformity of the product himself
5 d* I; N& q. X7 _0 Aaccording to the procedure set out in Article 12 (3) (a) of the Directive.

) v* N5 ~+ }$ o9 k' l; Y
; Y( `! U( ?' I+ c0 J% Z" Ihttp://ec.europa.eu/enterprise/mechan_equipment/machinery/faq2006-42-ec.pdf
http://ec.europa.eu/enterprise/mechan_equipment/machinery/index.htm