Statutory Instruments
2011 No. 2157
Health And Safety
The Supply of Machinery (Safety) (Amendment) Regulations 2011
Made
5th September 2011
Laid before Parliament
7th September 2011
Coming into force
15th December 2011
The Secretary of State is a Minister designated( 1 ) for the purposes of section 2(2)of the European Communities Act 1972( 2 ) in relation to machinery, including component parts of machines, components or equipment to be attached to or used with machines, and sub-assemblies to be incorporated into or assembled with machines.
The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations.
Citation and commencement
1. These Regulations may be cited as the Supply of Machinery (Safety) (Amendment) Regulations 2011 and come into force on 15th December 2011.
Amendment of the Supply of Machinery (Safety) Regulations 2008
2.The Supply of Machinery (Safety) Regulations 2008( 3 ) are amended as set out in regulations 3 to. 8 .
3. —(1) Regulation 2 (interpretation) is amended as follows.
(2) In paragraph (1)(a), after “Directive 4 )”.
(3) In paragraph (2)—
(a) for the definition of “essential health and safety requirements” substitute—
“ “essential health and safety requirements” means the requirements set out in Annex I (Part 1 of Schedule 2), being requirements relating to the design and construction of the products to which these Regulations apply to ensure a high level of protection of the health and safety of persons and, where appropriate, of domestic animals and property and, in the case of machinery referred to in section 2.4 of Annex I, of the environment; ” ;
(b) in the definition of “safe”, at the end insert—
“ or
in the case of machinery referred to in section 2.4 of Annex I (Part 1 of Schedule 2), endanger the environment; ” .
4. Regulation 9 is revoked.
5. Paragraph (10) of regulation 16 is revoked.
6. In regulation 22(1)(a) omit “9”.
7. After regulation 28 insert—
“ Review
29. —(1) Before the end of each review period, the Secretary of State must—
(a) carry out a review of these Regulations,
(b) set out the conclusions of the review in a report, and
(c) publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member States.
(3) The report must in particular—
(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,
(b) assess the extent to which those objectives are achieved, and
(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(4) “Review period” means—
(a) the period of five years beginning with 1st December 2009, and
(b) subject to paragraph (5), each successive period of five years.
(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published. ” .
8. Part 1 of Schedule 2 (Annex I: Essential health and safety requirements relating to the design and construction of machinery) is amended as set out in the Schedule to these Regulations.
Amendment of Northern Ireland Statutory Rules
9. —(1) The Lifting Operations and Lifting Equipment Regulations (Northern Ireland) 1999( 5 ) are amended as set out in paragraph (2) .
(2) In regulation 2—
(a) omit the definition of “the 1992 Regulations”; and
(b) in the definition of “EC declaration of conformity”, for sub-paragraph (a) substitute—
“ (a) section A of part 1 of Part 2 of Schedule 2 to the Supply of Machinery (Safety) Regulations 2008; ” .
(3) The Provision and Use of Work Equipment Regulations (Northern Ireland) 1999( 6 ) are amended as set out in paragraph (4) .
(4) In Schedule 2—
(a) omit the entry relating to the Supply of Machinery (Safety) Regulations 1992( 7 ); and
(b) at the end insert a new entry as follows—
(i) in the first column: “The Supply of Machinery (Safety) Regulations 2008”; and
(ii) in the second column: “ S.I. 2008/1597 , amended by S.I. No. 2011/2157 ”.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
5th September 2011
Regulation 8
THE SCHEDULE AMENDMENTS TO PART 1 OF SCHEDULE 2 TO THE SUPPLY OF MACHINERY (SAFETY) REGULATIONS 2008
1. For point 4 of the General Principles at the start of Annex I (Essential health and safety requirements relating to the design and construction of machinery) substitute—
“ 4. This Annex is organised in several parts. The first one is of general scope and applicable to all kinds of machinery. The other parts refer to certain kinds of more specific hazards. Nevertheless, it is essential to examine the whole of this Annex in order to be sure of meeting all the relevant essential requirements. When machinery is being designed, the requirements of the general part and the requirements of one or more of the other parts shall be taken into account, depending on the results of the risk assessment carried out in accordance with point 1 of these General Principles. Essential health and safety requirements for the protection of the environment are applicable only to the machinery referred to in section 2.4. ” .
2. For the first, unnumbered, paragraph of section 2 of Annex I (Supplementary essential health and safety requirements for certain categories of machinery) substitute—
“ Foodstuffs machinery, machinery for cosmetics or pharmaceutical products, hand-held and/or hand-guided machinery, portable fixing and other impact machinery, machinery for working wood and material with similar physical characteristics and machinery for pesticide application must meet all the essential health and safety requirements set out in this section (see point 4 of the General Principles at the start of this Annex). ” .
3. After section 2.3 insert—
| “ 2.4. | MACHINERY FOR PESTICIDE APPLICATION | |
| 2.4.1. | Definition | |
| “Machinery for pesticide application” means machinery that is specifically intended for the application of plant protection products within the meaning of Article 2(1) of Regulation 1107/2009/EC of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market ( 8 ) (excluding any such machinery placed on the market or put into service before 15th December 2011). | ||
| 2.4.2. | General | |
| The responsible person in relation to machinery for pesticide application must ensure that an assessment is carried out of the risks of unintended exposure of the environment to pesticides, in accordance with the process of risk assessment and risk reduction referred to in the General Principles, point 1. | ||
| Machinery for pesticide application must be designed and constructed taking into account the results of the risk assessment referred to in the first paragraph so that the machinery can be operated, adjusted and maintained without unintended exposure of the environment to pesticides. | ||
| Leakage must be prevented at all times. | ||
| 2.4.3. | Controls and monitoring | |
| It must be possible to easily and accurately control, monitor and immediately stop the pesticide application from the operating positions. | ||
| 2.4.4. | Filling and emptying | |
| The machinery must be designed and constructed to facilitate precise filling with the necessary quantity of pesticide and to ensure easy and complete emptying, while preventing spillage of pesticide and avoiding the contamination of the water source during such operations. | ||
| 2.4.5. | Application of pesticides | |
| 2.4.5.1. | Application rate | |
| The machinery must be fitted with means of adjusting the application rate easily, accurately and reliably. | ||
| 2.4.5.2. | Distribution, deposition and drift of pesticide | |
| The machinery must be designed and constructed to ensure that pesticide is deposited on target areas, to minimise losses to other areas and to prevent drift of pesticide to the environment. Where appropriate, an even distribution and homogeneous deposition must be ensured. | ||
| 2.4.5.3. | Tests | |
| In order to verify that the relevant parts of the machinery comply with the requirements set out in sections 2.4.5.1 and 2.4.5.2 the responsible person must, for each type of machinery concerned, perform appropriate tests, or have such tests performed. | ||
| 2.4.5.4. | Losses during stoppage | |
| The machinery must be designed and constructed to prevent losses while the pesticide application function is stopped. | ||
| 2.4.6. | Maintenance | |
| 2.4.6.1. | Cleaning | |
| The machinery must be designed and constructed to allow its easy and thorough cleaning without contamination of the environment. | ||
| 2.4.6.2. | Servicing | |
| The machinery must be designed and constructed to facilitate the changing of worn parts without contamination of the environment. | ||
| 2.4.7. | Inspections | |
| It must be possible to easily connect the necessary measuring instruments to the machinery to check the correct functioning of the machinery. | ||
| 2.4.8. | Marking of nozzles, strainers and filters | |
| Nozzles, strainers and filters must be marked so that their type and size can be clearly identified. | ||
| 2.4.9. | Indication of pesticide in use | |
| Where appropriate, the machinery must be fitted with a specific mounting on which the operator can place the name of the pesticide in use. | ||
| 2.4.10. | Instructions | |
| The instructions must provide the following information: | ||
| (a) | precautions to be taken during mixing, loading, application, emptying, cleaning, servicing and transport operations in order to avoid contamination of the environment; | |
| (b) | detailed conditions of use for the different operating environments envisaged, including the corresponding preparation and adjustments required to ensure the deposition of pesticide on target areas while minimising losses to other areas, to prevent drift to the environment and, where appropriate, to ensure an even distribution and homogeneous deposition of pesticide; | |
| (c) | the range of types and sizes of nozzles, strainers and filters that can be used with the machinery; | |
| (d) | the frequency of checks and the criteria and method for the replacement of parts subject to wear that affect the correct functioning of the machinery, such as nozzles, strainers and filters; | |
| (e) | specification of calibration, daily maintenance, winter preparation and other checks necessary to ensure the correct functioning of the machinery; | |
| (f) | types of pesticides that may cause incorrect functioning of the machinery; | |
| (g) | an indication that the operator should keep updated the name of the pesticide in use on the specific mounting referred to in section 2.4.9; | |
| (h) | the connexion and use of any special equipment or accessories, and the necessary precautions to be taken; | |
| (i) | an indication that the machinery may be subject to national requirements for regular inspection by designated bodies, as provided for in Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 ( 9 ) establishing a framework for Community action to achieve the sustainable use of pesticides; | |
| (j) | the features of the machinery which must be inspected to ensure its correct functioning; | |
| (k) | instructions for connecting the necessary measuring instruments. ” . | |
1972 c. 68 ; section 2(2) was amended by s 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by the Schedule to the European Union (Amendment) Act 2008 (c. 7) .
S.I. 2008/1597 , as amended by SI 2011/1043 .
OJ No L 310, 25.11.2009, p.29.
S.R. 1999 No. 304 , to which there are amendments not relevant to these Regulations.
S.R. 1999 No. 305 , to which there are amendments not relevant to these Regulations.
S.I. 1992/3073 , which was revoked by S.I. 2008/1597 .
OJ No L 309, 24.11.2009, p.1.
OJ No. L 309, 24.11.2009, p. 71.