What is a Declaration of Incorporation?
The Machinery Directive refers to 2 different types of Declaration: Conformity and Incorporation. The Declaration of Conformity is issued machines which can be used in their own right as individual pieces of equipment. A Declaration of Incorporation is issued with partly completed machinery which is designed to be incorporated with other machinery and cannot function safely on its own.
Annex 2 of the Machinery Directive details the requirements of a Declaration of Incorporation as follows:
- business name and full address of the manufacturer of the partly completed machinery and, where appropriate, his authorised representative;
- name and address of the person authorised to compile the relevant technical documentation, who must be established in the Community;
- description and identification of the partly completed machinery including generic denomination, function, model, type, serial number and commercial name;
- a sentence declaring which essential requirements of this Directive are applied and fulfilled and that the relevant technical documentation is compiled in accordance with part B of Annex VII, and, where appropriate, a sentence declaring the conformity of the partly completed machinery with other relevant Directives. These references must be those of the texts published in the Official Journal of the European Union;
- an undertaking to transmit, in response to a reasoned request by the national authorities, relevant information on the partly completed machinery. This shall include the method of transmission and shall be without prejudice to the intellectual property rights of the manufacturer of the partly completed machinery;
- a statement that the partly completed machinery must not be put into service until the final machinery into which it is to be incorporated has been declared in conformity with the provisions of this Directive, where appropriate;
- the place and date of the declaration;
- the identity and signature of the person empowered to draw up the declaration on behalf of the manufacturer or his authorised representative.
The person authorised to compile the technical file is the person or company that will produce the Technical File within Europe should any of the national enforcement agencies (i.e. HSE) require to see it. Any non-European manufacturer must have a European company or person fulfil this role.
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