How will the new machinery directive be enforced?

Freedom of movement of machinery is guaranteed with the "passport of the CE mark". As most machines are placed on the market without independent certification by notified bodies, surveillance is essential to the fair and effective operation of the single market for the supply of machinery. Directive 98/37 dopes not use the term "market surveillance". However, in the new MD the framework for market surveillance is now clearly stated ina new Article 4 specifically dealing with this aspect.

• member states must take measures against non-complying products
• there must be a known national competent authority
• tasks and powers of such authority must be clearly defined and transparent

Properly applied, this strengthening of the "policing" aspects will ensure a fair market place with a high standard of safety. In addition, such authorities in each member state are obliged to consider machines that may be unsafe when used for their intended purpose but also machines that could be unsafe "under conditions which can reasonably be foreseen".