The difference between RD 1644/2008 on the marketing and commissioning of machinery and Royal Decree 1215/1997 on safety in the use of work equipment lies mainly in who they are aimed at. In the case of RD 1644/2008, this Royal Decree is primarily aimed at manufacturers and distributors, whilst RD 1215/1997 is aimed at employers, as the owners of the work equipment they make available to their workers.

Royal Decree 1644/2008 aims to ensure the safety of machinery for its placing on the market, putting into service and free movement within the European Union. Even today, it remains the key regulation with which all machinery placed on the market or put into service in the EU must comply.

The main aim of this provision is to remove barriers to the free movement of machinery within the European Union, and one of the requirements is to harmonise the essential safety requirements applicable to its design and construction, which ensure a high level of safety for workers in the face of the risks arising from its use.

In view of the high number of accidents caused directly by the use of machinery, it was decided to amend the legislation, introducing safety requirements during the design and manufacture of machinery. Consequently, Royal Decree 1644/2008 is aimed directly at manufacturers and applies to the first placing on the market and/or putting into service within the European Union, that is to say, to new machinery manufactured in the European Union and to new and/or used machinery originating from third countries.

At this point, we need to clarify what the legislation means by ‘machinery’. The term ‘machinery’ refers to stand-alone machines, assemblies of machines, interchangeable equipment, safety components, lifting accessories, chains, cables and slings, and removable mechanical transmission devices.

This Directive therefore sets out the essential requirements that machinery must meet in order to be legally placed on the market and put into service within the European Union. These are mandatory, general requirements that specify the objectives to be achieved, but not the means of achieving them. To make it easier for manufacturers to demonstrate compliance with these requirements and to enable the verification of such compliance, harmonised European standards are available regarding the prevention of risks arising from the design and manufacture of machinery. These standards are drawn up by standardisation bodies.

It is the manufacturer who must be able to demonstrate that they have taken the appropriate measures to ensure the safety of their machine. In fact, in many cases, the Directive focuses more on the manufacturer’s working methods (design, development, construction, documentation, relations with suppliers, etc.) than on the end result (the product). If the manufacturer systematically and appropriately takes safety into account in all aspects of the creation of their machine, the end result should be a safe machine. In the event of an accident, the competent authority will check whether the manufacturer has effectively complied with the requirements of the Directive in the design and construction of the machine.

At Grupo Tice Ingenieros, we have a team of experts with over 15 years’ experience in helping companies with machine safety. Our team will handle the entire process, carrying out the preliminary risk analysis report, rectifying any non-conformities and, finally, adapting the machinery to obtain the CE marking.