Technical articles, news and publications on CE marking

Must access to harmonised standards in the EU Official Journal be free of charge? The European Court of Justice (ECJ) answered this question in the negative in July 2021, citing intellectual property protection. The plaintiffs subsequently appealed against the ruling and are likely to be proven right: according to the Advocate General, harmonised standards must be accessible free of charge due to their legally binding nature! This so-called opinion is not yet final, but a new judgment of the ECJ in favour of the plaintiffs could be handed down.

In a short article, we have summarized key data on this standardization project and show how you can submit a statement or amendment proposals in an unbureaucratic manner. In addition, we have prepared the contents of the draft in a user-friendly way in the new Safexpert Knowledge Base, so that you as a user of the Safexpert StandardsManager can already get an idea of the changes:

As of Safexpert 9.0, the software offers the function "Document comparison", which can answer the questions raised with a few mouse clicks. Details on this new function, explained on the basis of the new EN IEC 62061, can be found in our brief information.

With Service Pack 1 for Safexpert 9.0 comes an interface to the TIA Selection Tool (TIA ST) from Siemens. This interface was developed in a cooperation between Siemens and IBF. With the "Safety Evaluation" function in the TIA Selection Tool, the achieved Performance Level (PL) according to ISO 13849-1 or the achieved Safety Integrity Level (SIL) according to IEC 62061 can be calculated for a safety function.

The bundled inclusion of standard data in the EU Official Journal results not only in new publications but also in central dates for the end of the transition period. In our overview, we have clearly arranged the key dates of the so-called DOC (=Date of Cessation) for the standard data in the EU Official Journal according to the Machinery, Low-Voltage, EMC, Pressure Equipment, ATEX and Radio Equipment Directives in a timeline.

Proprietors of trademarks should closely examine the judgment of 7 July 2022 (C-264/21), in which the ECJ commented on the product liability of the so-called ‘quasi-manufacturer’. Namelythe person who does not actually manufacture a product but is nevertheless liable as the producer because he presents himself as its producer by putting his name, trademark or other distinguishing feature on the product. Dr Astrid Seehafer, attorney-at-law at ARQIS, has assessed the implications of this judgment for us.

DGUV Test, the testing and certification system of the German Social Accident Insurance, takes a position on the subject of control systems for machines in accordance with EN ISO 13849. The statement shows whether electrical components can meet the same functional safety requirements as comparable components.

"If you say too much, you're out": This sentence can summarise the appearance of an expert witness in a material defect trial of a machine. In the trial, the expert was not allowed to point out defects such as a missing CE marking or German operating instructions. Instead, in such a process, experts must limit themselves to core contents and not address any formal obligations arising from EU directives. Prof. Dr. Thomas Wilrich has summarised the situation and the outcome of the case for us in a technical article.

What is the significance of the Radio Equipment Directive for mechanical engineering? According to the directive, the fixed installation of a radio equipment already defines a machine as a radio system. In our technical article, you will learn some background information on the interaction of the Machinery and the Radio Equipment Directive.

The list of harmonised standards giving presumption of conformity for the EMC directive 2014/30/EU has been updated: 2022-06-10