Peter -- All good questions! 1. Where there is similar language in the Machinery Directive, I look to the "Guide to the application of the Machinery Directive" for help in interpretation. 2. For questions on what "placed on the market" means, I scour the Blue Guide. I seem to recall pages and pages of discussion about this topic there. 3. My observation is that the addition of the HAS consultant has gummed up the release of harmonized standards, making it extremely difficult to predict when updated standards will be released. Also recall that within those harmonized standards there typically is a list of which essential heath and safety requirements (of either a directive or regulation) are satisfied by the standard. So I think we will be on our own for a while dealing with standards harmonized to the Machinery Directive and applying them to the Machinery Regulation. And no, I don't think we can automatically assume that they will satisfy the Regulation as-is. I believe that it will be up to us to understand the new requirements of the Regulation and determine whether our products meet them. Mike Sherman Sherman PSC LLC
> On 08/09/2024 6:05 PM CDT Peter Tarver <[email protected]> wrote: > > > In reviewing the Machinery Regulation, Article 3 defines a safety component as > > > "...means a physical or digital component, including software, of a product > within the scope of this Regulation, which is designed or intended to fulfil > (sic) a safety function and which is independently placed on the market, the > failure or malfunction of which endanger the safety of persons, but which is > not necessary in order for that product to function or for which normal > components may be substituted in order for that product to function; > > (emphasis added.) > > The component falls under Annex I, Part, B but is only sold to OEMs > 1) whose equipment would clearly fall under the Regulation, and > 2) who integrate the component into other equipment before that other > equipment is placed on the market, but > 3) is not "independently placed on the market," for general sale, > is there any reason to conclude that the Regulation does not apply to the > component? > > The product is sold into the EU for applications other than those that would > be subject to the Regulation, so it seems that applicability could depend on > the interpretation of "independently" in the context of the regulation. Or is > the use of "independently" intended to mean "not manufactured by the OEM for > their own use?" > > I note that similar language existed in the Machinery Directive. > > My approach is to apply an abundance of caution and presume the Regulation > applies, but I'd appreciate the input of the group. > > A final couple of questions: should it be assumed that the same standards > published in the EU OJ for the Machinery Directive will satisfy the > Regulation until a separate list of standards is published and linked to the > Regulation? Also, is there a view on when such a list will be published? > > Regards, > > Peter Tarver > > > --------------------------------------------- > > This message is from the IEEE Product Safety Engineering Society emc-pstc > discussion list. To post a message to the list, send your e-mail to > [email protected] > > All emc-pstc postings are archived and searchable on the web at: > https://www.mail-archive.com/[email protected]/ > > > > Website: https://ewh.ieee.org/soc/pses/ https://ewh.ieee.org/soc/pses/ > Instructions: https://ewh.ieee.org/soc/pses/list.html (including how to > unsubscribe) https://ewh.ieee.org/soc/pses/list.html > List rules: https://ewh.ieee.org/soc/pses/listrules.html > > For help, send mail to the list administrators: > Mike Sherman at: [email protected] mailto:[email protected] > Rick Linford at: [email protected] mailto:[email protected] > > For policy questions, send mail to: > Jim Bacher at: [email protected] mailto:[email protected] > > > --------------------------------------------- > > To unsubscribe from the EMC-PSTC list, click the following link: > https://listserv.ieee.org/cgi-bin/wa?SUBED1=EMC-PSTC&A=1 > - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to [email protected] All emc-pstc postings are archived and searchable on the web at: https://www.mail-archive.com/[email protected]/ Website: https://ewh.ieee.org/soc/pses/ Instructions: https://ewh.ieee.org/soc/pses/list.html (including how to unsubscribe) List rules: https://ewh.ieee.org/soc/pses/listrules.html For help, send mail to the list administrators: Mike Sherman at: [email protected] Rick Linford at: [email protected] For policy questions, send mail to: Jim Bacher: <[email protected]> _________________________________________________ To unsubscribe from the EMC-PSTC list, click the following link: https://listserv.ieee.org/cgi-bin/wa?SUBED1=EMC-PSTC&A=1
