Technical Guidance Note 9

TOPIC: Customised manufacturing equipment

ISSUE: 5

REVISION DATE: 6.11.98

PREVIOUS REVISION DATE: 27.1.98

BACKGROUND: Many Manufacturers use customised manufacturing equipment within their facility, which is built by a sub-contractor.

PROBLEM: Is the equipment supplied, in which case regulation 28 should apply and the product should be CE marked, or is the equipment simply taken into service, in which case the product should simply conform with the protection requirements (regulation 29)?

GUIDELINES: In the communications with such organisations, the DTI have indicated that in such circumstances, contractors can be regarded as part of the Manufacturer's overall operation and therefore equipment is taken into service, and not supplied. This only applies where the Manufacturer is the design authority, and not the contractor.

The consensus of opinion of the Competent Body Forum is that of the DTI, the equipment is not supplied if it is made to the specification and instructions of the end user who holds the design authority. However if it were then sold as a generally available item to other users it would then be subject to the conditions for supply of products, and would be CE marked.

SUPPORTING INFORMATION: If it is customised it need not be subject to certification rules and Article 4 applies. If it is then generally sold, or if it is sold to the user as a product that is generally available, then it is subject to Article 10 and must be declared as being compliant and CE Marked.

A list of documents to hold on file is attached.

Disclaimer
No responsibility or liability can be accepted by the EMC Test Laboratories Association or any of its officers or members for the contents, specifications and/or advice referred to or contained in this Technical Memorandum and/or action taken as a result of information contained in this Technical Memorandum. Note that:
1. The Association is not by supplying this Technical Memorandum providing professional advice or guidance to any specific party on any specific matter and no legal relationship is created by the provision of this Technical Memorandum.
2. Parties should take specific advice when dealing with specific situations and consult their own professional advisors in this regard.
3. Members are free to deviate from the above guidelines where they think it appropriate, unworkable, or not commercially viable. Under these circumstances, the EMCTLA Secretariat should be informed of the reasons for the deviation so that the matter can be reviewed.