declaration of incorporation

dichiarazione-incorporazione-techno-energia

Characteristics of the declaration of incorporation

The Declaration of Incorporation must be completed by the manufacturer of partly completed machinery or his authorised representative in the EU and must accompany the partly completed machinery to the manufacturer of the final machinery in which it is to be incorporated.

The declaration of incorporation and its translations shall have the following characteristics:

it must be written in an official language of the European Community. The manufacturer or his authorised representative shall be responsible for this declaration with the words “Declaration of Incorporation” in the official language of the country of use of the machinery,
If there is no Declaration of Incorporation in the official language of the country of use of the machinery, the manufacturer or his authorised representative must arrange for the declaration to be translated. The translation must bear the words “Translation of the original Declaration of Conformity” (in the language of each version produced) and must be accompanied by the original Declaration of Conformity.

Elements of the declaration of incorporation

The Declaration of Incorporation must contain several elements including necessarily the company name and the full address of the manufacturer of the partly completed machinery (or his authorized representative). In addition, there must be the name and address of the person authorised to constitute the relevant technical documentation, which must be established in the Community.

The partly completed machinery must be described and identified by generic name, function, model, type, serial number, trade name. There shall be an indication explicitly stating which essential requirements of the Directive are applied and complied with and that the relevant technical documentation has been compiled in accordance with Annex VII B.

The Machinery Directive does not determine which of the RESS should be applied and respected by the manufacturer of partly completed machinery. When deciding whether or not to apply certain RESS, the following should be assessed:

the possibility for the manufacturer of the partly completed machine to assess certain risks that depend on the way the partly completed machine is incorporated into the final machine,
if the manufacturer of partly completed machinery can agree with the manufacturer of final machinery a division of tasks whereby the application and fulfilment of certain RESS is left to the manufacturer of the final machinery.

Other data to be included in the declaration of incorporation

The manufacturer of partly completed machinery shall indicate in the declaration of incorporation exactly which of the applicable RESS has been applied and fulfilled. If a given RESS has been satisfied for some parts or aspects of the partly completed machine and not for others, this shall be indicated.

The assembly instructions for partly completed machines should indicate essential safety requirements that have been met and those that have been met only partially or not at all. The manufacturer of the partly completed machinery shall also declare that he has completed the relevant Technical Documentation showing how those RESS have been applied. If the partly completed machine (or part of it) is subject to other EU regulations besides the Machinery Directive, compliance with the other relevant Directives or Regulations must also be declared. Where such directives or regulations provide for an EC declaration of conformity, an EC declaration of conformity must be drawn up for partly completed machinery in accordance with those texts.

Provision must also be made for the provision of relevant information on partly completed machinery in response to a request from the authorities. The undertaking concerns the obligation for the manufacturer of partly completed machinery to submit any information relevant to health and safety and, in particular, the relevant technical documentation, in response to a duly substantiated request by the market surveillance authorities of one of the Member States. Since the declaration of incorporation of partly completed machinery must form part of the technical documentation of the final machinery, the manufacturer of the final machine therefore has in his possession a subscription from his supplier to submit the relevant technical documentation to the market surveillance authorities in response to a duly reasoned request.

The intellectual property rights of the producer of the partly completed machinery are protected by the fact that the market surveillance authorities must treat the information received as confidential information obtained in the performance of their tasks.

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