European Communities (Machinery) (Amendment) Regulations 2011
Source: Iris Oifigiúl 2011-06-28

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paragraphs: These Regulations may be cited as the European Communities (Machinery) (Amendment) Regulations 2011.
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paragraphs: These Regulations come into operation on 15 December 2011.
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paragraphs: The European Communities (Machinery) Regulations 2008 ( S.I. No. 407 of 2008 ) are amended—
(a) in Regulation 3(1)—
(i) by substituting the following definition for the definition of “Directive”:
“ ‘Directive’ means Directive 2006/42/EC of the European Parliament and of the Council of 17 May 20062 on machinery, and amending Directive 95/16/EC (recast), as amended by Directive 2009/127/EC of the European Parliament and of the Council of 21 October 20091 amending Directive 2006/42/EC with regard to machinery for pesticide application;”, and
(ii) by substituting the following definition for the definition of “essential health and safety requirements”:
“ ‘essential health and safety requirements’ means the mandatory provisions set out in Annex 1 relating to the design and construction of the products subject to the Directive to ensure a high level of protection of the health and safety of persons and, where appropriate, of domestic animals and property and, where applicable, the environment;”;
(b) by substituting the following Regulation for Regulation 23:
“23.Where, in the opinion of a competent authority, a product, when correctly maintained and used for its intended purpose or under conditions which can be reasonably forseen, is liable to endanger the health or safety of persons or, where appropriate, domestic animals or property or, where applicable, the environment, notwithstanding the fact that it bears the CE marking, the competent authority may restrict or prohibit the placing on the market or the use of the product in question or have it withdrawn from the market or from circulation.”;
(c) by substituting the following paragraph for paragraph (1) of Regulation 37:
“(1) Where an authorised officer is of the opinion that there is occurring or likely to occur any situation or activity that involves or is likely to involve a risk to safety or health arising from or in connection with a product or partly completed machinery to which a duty under these Regulations applies, or a risk to the environment arising from or in connection with machinery referred to in section 2.4 of Annex 1, he or she may give a direction to the person (in these Regulations referred to as ‘the person in control’) who has, or whom the authorised officer reasonably presumes to have, control of the said product, partly completed machinery or machinery, as the case may be, requiring submission to the officer of a plan (in these Regulations referred to as an ‘improvement plan’) specifying the remedial action proposed to be taken to remove the risk.”;
(d) in Regulation 39—
(i) by substituting the following paragraph for paragraph (1):
“(1) Where an authorised officer is of the opinion that at any place there is occurring or is likely to occur any situation or activity relating to—
(a) a product or partly completed machinery that involves or is likely to involve a serious risk to safety or health,
(b) machinery referred to in section 2.4 of Annex 1 that involves or is likely to involve a serious risk to the environment arising from or in connection with that machinery, or
(c) a product or partly completed machinery where the CE marking is not affixed in circumstances in which is should have been affixed, or is affixed in circumstances in which it should not have been affixed,
the authorised officer may serve a notice (in these Regulations referred to as a ‘prohibition notice’) on the person in control.”,
(ii) by substituting the following subparagraph for subparagraph (e) of paragraph (2):
“(e) prohibit the carrying on of the activity concerned until the matters that give rise or are likely to give rise to the risk are remedied, or until the CE marking is affixed in compliance with Regulation 11, and”, and
(iii) by substituting the following subparagraph for subparagraph (a) of paragraph (11):
“(a) the authorised officer is satisfied that the situation or activity to which the notice relates no longer involves a serious risk to safety or health, or a serious risk to the environment, or”;
(e) by substituting the following Regulation for Regulation 41:
“41.A competent authority may, in the interest of the protection of safety or health, or the protection of the environment as it relates to machinery referred to in section 2.4 of Annex I, and in consultation, where appropriate, with another competent authority, take such measures as it considers appropriate to bring to the attention of the public matters giving rise to any contravention notice or prohibition notice served under these Regulations.”;