substantial change - who affixes the marking there?

[volaff]

hello to all, in April last the updated guide for the application of the machinery directive 2006/42/ce.
I wanted to look for references about the substantial change: who is the subject who brand new is the machine in this case?

I should like to say: who applies the change.

generally the marking comes from the manufacturer or a delegate (although this definition, in my opinion, leaves the time it finds).

in general, could mark there:
- the manufacturer;
- who designs the machine;
- who realizes the line (software, command systems, etc.);
- the user;
- who sells the car for the first time.

in the case of substantial modification can be one of these subjects, although it was not he who substantially modified the machine according to you?

thanks to all for the supporot.

 

[gerod]

Hi.
update (version 2.3) covers digital instructions. the rest has not changed.
first thing: what does substantial change mean?
in an old guide of 1997, it was identified as structural modification, modification of the operation, etc.
in the guidelines of the machine directive the substantial change is treated in many comments (§ 39, 72, 82, 140) and then on the blue guideline of 2022 (see § 2.1): In essence, if you introduce new dangers or increase risks, it is substantial change.
go to see the blue guidelines that are interesting because they also talk about software changes and above all explain well when you have a tab or component no more product, how to replace a new one.

who marks the machines is the manufacturer, not his delegate. eye that the terms are fundamental.
If anything, in the machinery directive, we are talking about a warrant.
Then there are also distributors, importers, etc. (read Regulation 2019/1020 on economic operators, also applicable to 2006/42/ce).

who must mark the modified machine? the manufacturer, or those who make changes. if there is no one who wants to mark there, the marking remains at the end of the user (the employer).
to do these things you need a contract otherwise who will have the cerino in hand will always be the user.

on the definition of substantial changes in the new Regulation (e.g.) 2023/1230, could be of help because it changes the definition and is certainly more clear.
Hi.