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certain Machinery and Safety Components 4. Exhibiting or Demonstrating
Machinery or Safety Components 5. Presumption
Compliance with these Regulations
Notified Body in the State
ficers 14. Application
the Safety, Health and Welfare at Work Act, 1989 15. Obtaining
Information by the Minister or the Authority 16. Service
documents under these Regulations 17.
fences 18. Treatment
these Regulations for purposes
the Act
1989 19. Revocations I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise
the powers conferred on me by section 3
the European Communities Act, 1972 (No. 27
1972), and for the purpose
giving effect to Directive 98/37/EC
the European Parliament and
the Council
22 June 1998
the laws
the Member States relating to machinery, hereby make the following regulations: Citation and Commencement 1.
November, 2001. Interpretation 2.
1989” means the Safety, Health and Welfare at Work Act, 1989 (No. 7
1989); “notified body in the State” shall be construed in accordance with Regulation 8
ficer” means a person appointed by the Minister under Regulation 13 to be an authorised
ficer for the purposes
these Regulations; “the Authority” means the National Authority for Occupational Safety and Health; “CE marking” means the CE marking specified in Article 10
the Directive; “the Directive” means European Parliament and Council Directive 98/37/EC
22 June 1998 on the approximation
the laws
the Member States relating to machinery; “functions” includes powers and duties and references to the performance
functions include references to the exercise
powers and the carrying out
duties; “hire-purchase agreement” has the same meaning as it has in section 2
the Consumer Credit Act, 1995 (No. 24
1995); “machinery” means machinery to which the Directive applies; “Member State” means a member state
the European Communities; “the Minister” means the Minister for Enterprise, Trade and Employment; “place on the market” means, in relation to machinery or safety components - (a) import, (b) sell, (c)
fer or expose for sale, (d) invite the making by a person
an
fer to purchase, (e) distribute free
charge, (f) in the case
a manufacturer supply for any
those purposes, (
these Regulations, and (b) a reference to a paragraph or subparagraph is to the paragraph or subparagraph
the provision in which the reference occurs. Prohibition on Placing on the Market
certain Machinery and Safety Components 3. A person who places on the market or puts into service machinery or safety components that - (
persons or domestic animals, or (
the Directive, shall be guilty
an
fence. Exhibiting or Demonstrating
Machinery or Safety Components 4.
machinery or a safety component in respect
which there is a failure to comply with these Regulations or the Directive: Provided that - (
persons present while the machinery or safety component is being exhibited or its operation is being demonstrated.
an
fence. Presumption
Compliance with these Regulations 5.
ficial Journal
the European Communities) relating to one or more
the essential health and safety requirements shall be presumed to comply with the essential health and safety requirements concerned.
conformity referred to in point A
Annex II
the Directive shall be deemed to comply with these Regulations.
conformity referred to in point C
the said Annex II shall be deemed to comply with these Regulations.
which there is a contravention
the second sentence
.6(b), shall be guilty
an
fence. Directions given by the Minister or the Authority 6.
the opinion that a person - (
persons or domestic animals or cause damage to property, the Minister or the Authority, as the case may be, may, by direction in writing, given to that person, or any other person that the Minister or Authority considers appropriate, prohibit him or her from placing or continuing to place on the market, putting into service, or using or causing to be used, the machinery concerned, or require him or her to take all practicable steps to withdraw the machinery from the market.
which there exists an EC declaration
conformity, and the Minister or the Authority is
the opinion that, when used in accordance with their intended purpose they are likely to endanger the safety
persons or domestic animals, or cause damage to property, the Minister or the Authority, as the case may be, may, by direction in writing given to that person, or any other person that the Minister or Authority considers appropriate, prohibit him or her from placing or continuing to place on the market, putting into service, or using or causing to be used, the safety components concerned, or require him or her to take all practicable steps to withdraw the safety components from the market.
the reasons for the giving
the direction, (b) that he or she may apply to the High Court to have the direction set aside by way
judicial review in accordance with Order 84
the Rules
the Superior Courts, and (c)
the periods
time within which an application under the said Order 84 may be brought.
having given such direction indicating the reasons for having done so and stating, in particular, whether such direction was given for a reason set out in Article 7
the Directive.
an
fence.
persons or domestic animals, or cause damage to property, or (b) in respect
which there is a failure to comply with the essential health and safety requirements set out in Annex I
the Directive, shall be guilty
an
fence.
conformity in respect
a safety component - (a) that, when used in accordance with its intended purpose, is likely to endanger the safety
persons or domestic animals, or cause damage to property, or (b) in respect
which there is a failure to comply with the essential health and safety requirements set out in Annex I
the Directive, shall be guilty
an
fence. Conformity Assessment 7.
machinery or a safety component, his or her authorised representative in the Community or other person, who places on the market machinery or a safety component, in respect
which there is a contravention
paragraph 1
the Directive, shall be guilty
an
fence.
the Directive applies) in respect
which there is a contravention
paragraph 2(a)
the Directive shall be guilty
an
fence.
the Directive applies in respect
which there is a contravention
that paragraph shall be guilty
an
fence.
the Directive applies in respect
which there is a contravention
that paragraph shall be guilty
an
fence.
fence for a person to place on the market machinery or a safety component to which paragraph 2(c)
the Directive applies in respect
which - (a) there has been compliance with the first indent
that paragraph, and (b) there is a contravention
- (i) the first sentence
paragraph 5, or (ii) paragraph 7,
Annex VI
the Directive.
fence for a person to place on the market machinery or a safety component to which paragraph 2(c)
applies, in respect
which - (a) there has been compliance with the second indent
that paragraph, and (b) there is a contravention
paragraph 5, 6 or 7
Annex VI
the Directive.
fence for a person to place on the market machinery or a safety component to which paragraph 2(a)
the Directive applies in respect
which - (
the first sentence
paragraph 4
that Article.
fence for a person to place on the market machinery or a safety component to which paragraph 2(c)
the Directive applies in respect
which - (a) there has been compliance with the first indent or second indent
that paragraph, and (b) there is a contravention
the first sentence
paragraph 4
that Article.
fence for a person to place on the market machinery or a safety component to which paragraph 2(b)
the Directive applies in respect
which - (
the second sentence
paragraph 4
that Article.
fence for a person to place on the market machinery or a safety component to which the third indent
paragraph 2(c)
the Directive applies in respect
which - (
the second sentence
paragraph 4
that Article.
the Directive, a person who - (a) assembles machinery or parts thereof or safety components
various origins, or (b) constructs machinery or safety components for his or her own use, in respect
which there is a contravention referred to in paragraph
an
fence. Notified Body in the State 8.
the Directive to perform in the State (whether individually or, where more than one person is so appointed, together with one or more
such other persons so appointed as the Minister directs) the functions
a notified body specified in the Directive and a person so appointed in respect
whom a notification to the Commission in accordance with Article 9
the Directive, is in force, may perform those functions accordingly, and is in these Regulations referred to as a “notified body in the State”.
a notified body in the State, attach such conditions to an appointment under paragraph
this Regulation as he or she thinks fit.
this Regulation - (a) may be
fixed or indefinite duration, (
the Directive. EC Type-examination 9.
an EC type-examination shall - (
Annex VI
the Directive.
section 4
Annex VI
the Directive on behalf
a Member State, or a notified body, with a copy
the EC type-examination certificate issued by it in respect
the machinery concerned and, on receipt
a reasoned request from any
those persons, a copy
the technical construction file included in the application for an EC type-examination and copies
the reports on the examinations and tests carried out for the purpose
that EC type-examination.
a notified body in the State that machinery in respect
which an EC type-examination certificate has been issued fails to comply with the provisions
the Directive applicable to machinery, it shall withdraw such EC type-examination certificate.
that decision stating in detail the grounds upon which the decision is based and informing him or her
his or her right under Regulation 11 to appeal against the decision and
the time limit for bringing such an appeal.
the withdrawal and such notice shall set out the reasons therefor.
which is the subject
an EC type-examination certificate, with modifications that were not present in the example examined for the purposes
the EC type-examination concerned, he or she shall, by notice in writing, inform the notified body concerned
those modifications. Fees charged by Notified Body in the State 10.
its functions under these Regulations or the Directive in respect
an application referred to in Regulation 9.
the machinery concerned or his or her authorised representative in the Community, as may be appropriate, to the notified body in the State.
the machinery concerned or his or her authorised representative in the Community, as may be appropriate. Appeal from Decision
Notified Body in the State 11.
a notified body in the State under Regulation 9 may, be notice in writing given to the Minister not later than 14 days after the receipt by that person
notice
that decision, appeal to the Minister against the decision and the Minister, having considered any submissions made to him or her by the person, the notified body in the State or any other interested party, and the report
any inquiry held under paragraph
any assessor appointed under paragraph
the body.
ficer
the Minister to hold an inquiry in connection with an appeal under this Regulation and to make a report to the Minister on the findings and result
such inquiry.
ficer
the Minister in relation to an inquiry being held by him or her under paragraph
the CE marking.
the CE marking.
an
fence.
the Minister, the Authority or a notified body in the State that the CE marking has been affixed to machinery otherwise than in accordance with the Directive, the Minister, the Authority or the notified body in the State, as the case may be, shall by direction in writing require the manufacturer thereof or his or her authorised representative in the Community, as may be appropriate, to comply, in relation to the machinery concerned, with the provisions
the Directive relating to the CE marking.
an
fence.
ficer may, subject to paragraph
Regulation 13, enter (if necessary by using reasonable force) any premises on which he or she has reasonable grounds for believing is to be found machinery to which the CE marking has been affixed otherwise than in accordance with the Directive, and therein seize any such machinery.
an
fence under this Regulation the court may order machinery in respect
which the
fence has been committed to be forfeited and either destroyed or otherwise disposed
in such manner as the court may determine. Authorised
ficers 13.
persons, as the Minister thinks fit, to be authorised
ficers for the purposes
these Regulations.
his or her appointment, and when exercising a power conferred by this Regulation shall, if requested by any person thereby affected, produce such warrant to that person for inspection.
ficer may, for the purposes
these Regulations and
the Directive - (a) at all reasonable times enter, subject to paragraph
an undertaking engaged in the manufacture
machinery or safety components, (b) at all reasonable times enter (if necessary by using reasonable force) subject to paragraph
which an
fence is or has been committed under these Regulations are being manufactured, used or stored, (c) at such premises inspect and take copies
, or extracts from, any books, records or other documents which he or she finds in the course
his or her inspection, (d) carry out or have carried out such examinations, tests, inspections and checks
the premises,
any machinery or safety components being manufactured, in use or stored at the premises, or
any equipment, machinery (including machinery to which these Regulations do not apply) or plant at the premises as he or she reasonably considers to be necessary for the purposes
his or her functions under these Regulations or the Directive, (e) require any person at the premises or the owner or person in charge
the premises and any person employed in connection therewith to give to him or her such information and to produce to him or her such books, documents and other records in that person's power or procurement as he or she may reasonably require for the purposes
his or her functions under these Regulations or the Directive, (f) direct that such machinery
safety components as he or she, upon reasonable grounds, believes contravenes a provision
these Regulations or the Directive, not be placed on the market, put into service or removed from the premises without his or her consent, or (g) take possession
and remove from the premises for examination and checking by the Minister or an approved body in the State, machinery or a safety component or any part thereof, and retain such machinery or safety component or part thereof for such time as he or she considers reasonable for the purposes
his or her functions under these Regulations or the Directive.
ficer in the performance
his or her functions under these Regulations may be accompanied by such members
the Garda Síochána as he or she considers appropriate.
ficer shall not enter a dwelling, other than - (a) with the consent
the occupier, or (b) in accordance with a warrant issued under paragraph
an authorised
ficer, a judge
the District Court may, if satisfied that there are reasonable grounds for believing that - (
machinery or safety components, or (c) machinery to which the CE marking has been affixed other than in accordance with the Directive or these Regulations is to be found in any dwelling, issue a warrant authorising a named authorised
ficer accompanied by such other authorised
ficers as are necessary, at any time or times, within one month
the date
issue
the warrant, to enter the dwelling and perform the functions
an authorised
ficer under subparagraphs (c), (d), (e), (f) and (g)
paragraph
ficer in the exercise
a power conferred on him or her by these Regulations or impedes the exercise by the
ficer
such power or fails or refuses to comply with a requirement
an authorised
ficer pursuant to these Regulations or in purported compliance with such requirement gives information to an authorised
ficer that he or she knows to be false or misleading in a material respect shall be guilty
an
fence.
the Safety, Health and Welfare at Work Act, 1989 14. Section 34
the Act
1989 shall apply subject to any necessary modifications, and accordingly an inspector under that Act may, for the purposes
these Regulations and the Directive, perform any or all
the functions conferred on him or her by that section. Obtaining
Information by the Minister or the Authority 15.
the performance by him or her
his or her functions under these Regulations.
the performance by it
its functions under these Regulations.
the District Court may, upon the hearing
an appeal under paragraph
the notice, or (b) allow the appeal and revoke any or all
the requirements specified in the notice.
the period allowed for the bringing
an appeal under this Regulation, or (ii) upon the expiration
the period specified in the notice, whichever is the later, or (b) where an appeal is brought under this Regulation, upon the expiration
such other period as is specified by the judge
the District Court who heard the appeal.
an
fence. Service
documents under these Regulations 16.
the following ways: (
this Regulation, a company within the meaning
the Companies Acts, 1963 to 1999, shall be deemed to be ordinarily resident at its registered
fice, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal
fice or place
business in the State.
fences 17.
fence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance
, or to be attributable to, any neglect on the part
any person, being a director, manager, secretary or other
ficer
the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty
an
fence and shall be liable to be proceeded against and punished as if he or she were guilty
the first-mentioned
fence.
fence under these Regulations may be brought and prosecuted by the Minister or the Authority.
an
fence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
an
fence consisting
a contravention
these Regulations shall on each day, after having been convicted
such
fence, on which the contravention is continued by him or her, be guilty
an
fence and shall be liable on summary conviction to a fine not exceeding £500, or to imprisonment for a term not exceeding one month, or to both such fine and imprisonment. Treatment
these Regulations for purposes
the Act
1989 18. These Regulations shall be an existing enactment for the purposes
the Act
1994 ), and (b) the European Communities (Machinery) (Amendment) Regulations, 1995 ( S.I. No. 372
1995 ). GIVEN under my
ficial Seal, 16th November, 2001 Mary Harney ____________________________ Minister for Enterprise, Trade and Employment. Explanatory Note (This note is not part
the Regulations and does not purport to be a legal interpretation). These Regulations give affect in Irish law to Directive 98/37/EC, which was a consolidation Directive, replacing a member
earlier Directives relating to machinery.
Ireland. Oireachtas Copyright Material is reproduced with the permission
the Houses
the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.