Statutory Instrument 1994 No. 2063

The Supply of Machinery (Safety) (Amendment) Regulations 1994

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© Crown Copyright 1994

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1994 No. 2063

HEALTH AND SAFETY

The Supply of Machinery (Safety) (Amendment) Regulations 1994

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972^[530] in relation to measures relating to the design and construction of, and to the placing on the market and putting into service of, machinery^[531] and safety components for machinery^[532] in exercise of the powers conferred on him by that section and of all his other enabling powers, hereby makes the following Regulations:—

Citation and commencement
    1.—(1)  These Regulations may be cited as the Supply of Machinery (Safety) (Amendment) Regulations 1994.

    (2)  These Regulations shall come into force in accordance with the following provisions-
 (a) except for regulation 4 and Schedule 2, they shall come into force on 1st September 1994; and
 (b) regulation 4 and Schedule 2 shall come into force on 1st January 1995.

Interpretation
    2.    In these Regulations—
"the principal Regulations" means the Supply of Machinery (Safety) Regulations 1992^[533]; and


"EEA State" means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993^[534] but until the Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein.

Amendments relating to machinery
    3.    Schedule 1 to these Regulations, which—
 (a) in Part I amends the principal Regulations in accordance with the requirements of—
 (i) Article 1(10) excluding (a), (b) and (q);
 (ii) Article 1(11)(a) and (b); and
 (iii) Article 1(12)(c), (d), (e) and (f),
of Council Directive 93/44/EEC^[535]; and
 (b) in Part II makes other minor amendments to the principal Regulations,
shall have effect.

Amendments relating to safety components, machinery for lifting or moving persons and CE marking
    4.    Schedule 2 to these Regulations, which further amends the principal Regulations in accordance with the requirements of—
 (a) the Articles of Council Directive 93/44/EEC other than those specified in regulation 3(a) above; and
 (b) Article 6 of Council Directive 93/68/EEC relating to the CE marking of machinery^[536],
shall have effect.

Consequential amendment of the Provision and Use of Work Equipment Regulations 1992
    5.    In Schedule 1 to the Provision and Use of Work Equipment Regulations 1992^[537]—
 (a) for paragraph 29 there shall be substituted-
"29. Council Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery (OJ No. L183, 29.6.1989, p.9) as amended by Council Directive 91/368/EEC (OJ No. L198, 22.7.1991, p.16), Council Directive 93/44/EEC (OJ No. L175, 19.7.1993, p.12) and Article 6 of Council Directive 93/68/EEC (OJ No. L220, 30.8.1993, p.1)." ; and

 (b) paragraph 34 shall be omitted.

Ian Taylor

Parliamentary Under-Secretary of State for Trade and Technology, Department of Trade and Industry

26th July 1994

[530] 1972 c. 68. back

[531] S.I. 1992/707. back

[532] S.I. 1993/2661. back

[533] S.I. 1992/3073 as extended by section 2(1) of the European Economic Area Act 1993 (c. 51). back

[534] Council Directives 93/44/EEC and 93/68/EEC were added to Chapter XXIV of Annex II to the Agreement by item R in Annex 3 to Decision No. 7/94 of the EEA Joint Committee of 21st March 1994 (OJ No. L160,28.6.94, p.1). There are other amendments to the Agreement which are not relevant for the purposes of these Regulations. back

[535] OJ No. L175, 19.7.93, p.12. back

[536] OJ No. L220,30.8.93, p.1. back

[537] S.I. 1992/2932. back

Explanatory Note