"A NEVER ENDING STORY" in the European Single Market for Machinery 

The issue “machinery units“, machines as per Article 4 Clause (2) of the former Machinery Directive 98/37/EC, was laid to rest when the Machinery Directive 2006/42/EC came into force. The frequent practice of “leaving somebody holding the baby” because of very unclear provisions was meant to belong to the past as from 29th Dec., 2009. The rules were clearer. However, it soon turned out that even with the new Machinery Directive private contractual agreements could not be waived.

For the first time, the definition of "partly completed machinery“ was established in the Machinery Directive 2006/42/EC as an attempt to determine these “machinery units” more precisely.

The article below aims at clarifying this issue and at explaining how the market players should proceed in accordance with the EC provisions.

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