Our equipment handles materials and products of all sizes and shapes. It operates under various constraints such as speed, height and precision, thereby necessitating a high level of safety for workers and their environment throughout its lifetime.
Whilst manufacturers engineer and produce equipment with this absolute necessity in mind, in turn we expect market surveillance to ensure that products placed on the market are compliant with EU regulatory requirements (safety, health, environmental protection). This is the duty of public market surveillance authorities.
>>> Effective and efficient market surveillance is necessary
>>> Third party certification cannot replace market surveillance
>>> Self-certification must remain a basic principle of Internal Market legislation
Machinery Directive 2006/42/EC
The Machinery Directive 2006/42/EC sets out harmonised health and safety requirements for machinery at the EU level. It is the reference legislation for all machinery within the EU. Most FEM products and equipment are impacted: industrial trucks, cranes & lifting equipment, mobile elevating work platforms (MEWPs), elevating equipment…
The Machinery Directive has been applicable since 29 December 2009. A second version of the Guide on the Application of the Machinery Directive 2006/42/EC was published in June 2010.
FEM is actively involved in the activities of the European Commission Machinery Working Group, taking part in its meetings and providing technical input on issues of particular interest to FEM manufacturers.
The European Commission is currently evaluating the Machinery Directive and preparing an update of the Guide on its application. The revision process is intended to run until 2020 and is closely monitored by FEM.
European materials handling manufacturers must comply with numerous Directives and Regulations ensuring that the equipment they produce is intrinsically safe for use by operatives and third parties, and meets environmental requirements. To meet these obligations, European manufacturers invest time, effort and money. Market surveillance plays a crucial role in ensuring that safety and environmental regulatory objectives are met and in maintaining a level playing field in the EU by preventing unfair competition from non-compliant products.
FEM, whether on its own or in cooperation with fellow industries, is involved in numerous initiatives aimed at improving market surveillance in the EU.
- Publication of compliance guides for several types of materials handling equipment (industrial trucks, mobile elevating work platforms, cranes)
- Creation, together with other machinery sectors, of the Market Surveillance Industry Support Platform
- Participation in relevant events and conferences
- Follow-up of market surveillance legislation
- Involvement in Orgalime’s dedicated Task Force (NAMS)
FEM is closely monitoring the Product Safety and Market Surveillance Package presented by the European Commission in 2013. Unfortunately, the legislative process has stalled as a result of Member States’ diverging opinions on the inclusion of obligatory marking of origin (article 7 of the Consumer Product Safety proposal for a regulation).
- Regulation (EC) No 765/2008 on requirements for accreditation and market surveillance relating to the marketing of products
- Decision 768/2008/EC on a common framework for the marketing of products contains provisions on market surveillance
- Directive 2001/95/EC (General Product Safety Directive – GPSD) on the safety of consumer products
- Blue Guide on the implementation of EU product rules
Outdoor Noise Directive
The Outdoor Noise Directive 2000/14/EC aims to tackle the overall environmental effects of noise emissions. It sets noise emission limits and labelling requirements for 57 types of machines intended for outdoor use. Several families of FEM equipment are affected by this piece of legislation, notably industrial trucks, mobile elevating work platforms, cranes & lifting equipment and conveyor belts.
Since its entry into force in 2000, the Outdoor Noise Directive has been subject to several assessments. A number of studies have been undertaken to investigate different options, including a merger with the Machinery Directive that was not pursued. In 2015, the European Commission launched a standalone review process.
FEM participates in the European Commission Noise Expert Group and actively contributed to review studies, notably the ODELIA study on the OND scope and noise limits. In addition, FEM and its affected Product Groups are closely monitoring the ongoing review process. The Commission review proposal is expected by the end of 2018 or the beginning of 2019.
- FEM position on the review of the Outdoor Noise Directive (2000/14) – September 2016
- FEM comments on the ODELIA Study report on the scope and limits of the Outdoor Noise Directive (2000/14) – June 2016
Construction Products Regulation
The Construction Products Regulation 305/2011 lays down harmonised conditions for the marketing of construction products. It provides a common technical language to assess the performance of construction products and ensure availability of information on materials in view of performance comparison.
Numerous FEM products and equipment might be impacted by this Regulation since they are associated with construction works, notably racking & shelving, intralogistic systems, overhead travelling cranes, elevating equipment and conveyors for bulk handling.
Published in 2011, the revised Construction Products Regulation 305/2011 has been fully applicable since 1 July 2013. Frequently asked questions covering the new regulation as well as the transition from the old to the revised Regulation have been published.
FEM has issued a guidance document providing assistance to interpret key CPR principles and assess whether this piece of legislation applies to potentially relevant equipment. The FEM guide is completed by a specific document for intralogistic systems.