2nd January 2010

EUROPEAN COMMITTEE OF ASSOCIATIONS OF

MANUFACTURERS OF GEARS AND TRANSMISSION PARTS

Position paper regarding: The Classifying of Gears, Gearboxes, Geared

Motors, Transmission Elements and Transmission Chains according to the
EU Machinery Directive 2006/42/EC
1. Preliminary remarks

The comments below are intended to provide the industry with a guide as to how gears, gearboxes,
geared motors, transmission elements and transmission chains could be incorporated. In order to
identify criteria for incorporation, the legal requirements are analyzed and reference is made to
publications by the Commission.

2. Legal foundation

2.1 EC Machinery Directive 2006/42/EC

Partly completed machinery is defined in Article 2 g of the Directive as follows:

“g) “Partly completed machinery” is a totality which almost forms a machine but in itself cannot fulfill
any particular function. A drive system may constitute partly completed machinery. Partly completed
machinery is intended only for installation in other machinery or other partly completed machinery or
pieces of equipment or for combination with these, in other then to form machinery within the
meaning of the Directive;”

Partly completed machinery does not as such perform a particular function. Its intended purpose is to be
installed in completed machinery or a totality of machines (system), which will be CE-marked.
Nonetheless, partly completed machinery must already have a character such that it “almost forms a
machine”.

Machinery components: In the draft of the planned Directive, the following is stated under §35 of the
guide of the new Machinery directive with regard to machines :

“The Machinery Directive does not apply directly to machinery components, such as, for example,
valves, hydraulic cylinders or gearboxes,that do not have a specific application as such but are
intended to be incorporated into machinery, although the design and construction of such
components must enable the complete machinery to comply with the relevant essential health and
safety requirements.”

2.2 Electric motors in accordance with the Low Voltage Directive

Electric motors with operating voltages within the voltage limits of the Low Voltage Directive 2006/95/EC
(formerly 73/23/EEC) are exempted from the scope of the Machinery Directive 2006/42/EC and are thus
covered by Article 1 (2) k, item six:

1
 “(2) The following are exempted from the scope of this Directive:

k) Electrical and electronic products of the following types, insofar as they fall within the scope of the
Directive 73/23/EEC of the Commission of 19th February 1973 to harmonize the legal requirements
of member states with regard to electrical equipment for use within certain voltage limits (3):

— Domestic appliances intended for household use

— Audio and video equipment
— Information-technology devices
— Usual office machinery
— Low voltage switchgear and control gear
— Electric motors;”

3. Gears, Transmission Chains and Transmission Elements:

Gears, Transmission Chains and Transmission elements are components, and are described above, do
not fall with the scope of the EC machinery Directive 2006/42/EC.

4. Gearboxes

4.1 Normal Case

Gearboxes are described as machine components, not as partly completed machinery. This represents
a further development of the previous interpretation, which was in particular held by a number of national
authorities.

It makes the following clear: Gearboxes, which do not almost form a machine within the meaning of the
Directive, are not partly completed machinery but are components, which do not fall within the scope of
the Machinery Directive 2006/42/EC.

Gearboxes are components and, as described above, do not fall within the scope of the EC
Machinery Directive 2006/42/EC.

In order to place gearboxes into market, manufacturers do not require any technical documentation in
accordance with Appendix VII Part B, assembly instructions in accordance with Annex VI or installation
declaration in accordance with Annex II Part 1 Section B. Manufacturers must provide customers with
technical documentation to allow gearboxes to be installed correctly and safely. The scope and language
of the documentation to be supplied should be regulated by private contract.

4.2 Certain case

In certain cases gearboxes which are intended for specific applications with an expansion of functionality
which is clearly described by the customer could be considered as partly completed machine.

In order to place gearboxes into market in this case, manufacturers require special technical
documentation in accordance with Annex VII Part B, assembly instructions in accordance with Annex VI
and a declaration of incorporation in accordance to Annex II Part 1 Section B. The assembly instructions
must be written in an official language of the European Community which the customer accepts. It is
therefore recommended that this language should be regulated by private contract.
The identification marking of the individual product must allow this to be correlated to the type used as
the basis for the procedure for partly completed machinery.

2
5. Geared motors

5.1 Normal case:

If electric motors in accordance with the Low Voltage Directive 2006/95/EC are combined with a
gearbox, for example by flange-mounting the gearbox to the electric motor, the resulting geared motor
will fall within the scope of the Low Voltage Directive, and final documentation and CE marking shall be
carried out on this basis.

The combination of an electric motor and gearbox can be seen as components like the gearbox on its
own. In that case, they do not fall within the scope of the EC Machinery Directive 2006/42/EC.

5.2 In certain cases:

In accordance with 4.2, gearboxes could be partly completed machinery and thus fall within the scope of
the new Machinery Directive 2006/42/EC. This shall also apply to gearboxes combined to form geared
motors. CE making in accordance with the Machinery Directive must not be applied. If these geared
motors are installed in devices which form machinery within the meaning of the Machinery Directive, the
manufacturer of this completed machinery shall carry out a conformity assessment procedure in
accordance with Article 12 of 2006/42/EC and shall in this way document conformity of the completed
machinery to the Directive.
If the electric motor used is a product within the meaning of the Low Voltage Directive, the manufacturer
of the combination of this motor with a gearbox in accordance with 4.2 can include the existing
declaration of conformity of the electrical motor in the technical documentation."

6. Gearboxes and geared motors for certain client industries

The new Machinery Directive 2006/42/EC also regulates the exceptions which relate to machinery which
is actually machinery within the meaning of the Directive but is excluded from the scope of this by legal
classification systems. Machinery for the purposes listed below does not fall within the scope of the EC
Machinery Directive 2006/42/EC:

• Equipment in temporary fairgrounds and amusement parks

• Machines for the nuclear industry
• Agricultural and forestry tractors with regard to the risks covered by the Directive 2003/37/EC,
with the exception of machinery installed on these vehicles
• Vehicles and vehicle trailers within the meaning of the Directive 70/156/EEC, vehicles within the
meaning of Directive 2002/24/EC and competition vehicles
• Machinery on deep-sea ships and mobile offshore installations
• Machinery for military purposes
• Mineshaft conveyor equipment
• Machinery for the conveyance of performers during artistic presentations

If partly completed machinery is placed into circulation which is both used in the abovementioned areas
and forms machinery within the meaning of the Machinery Directive, then all the relevant requirements of
the Machinery Directive for partly completed machinery must be observed. If partly completed machinery
is, for example, installed exclusively in machinery for military purposes, then the special requirement for
the military field and the special acceptance regulations shall apply. The Machinery Directive shall not be
applied to these products.

3
7. Contacts
Your contacts for matters relating to the EC Machinery Directive are as follows:

EUROTRANS - EUROPEAN COMMITTEE OF ASSOCIATIONS OF MANUFACTURERS OF

GEARS AND TRANSMISSION PARTS
Lyoner Straβe 18 – 60528 Frankfurt am Main – Germany
+49 69 66 03-13 31  49 69 66 03-14 59

ASSIOT (Italy) AGORIA (Belgium)

Associazione Italiana Costruttori Mechatronical Engineering

General Manager: Mr. Demetrio Bazzotti General Manager: Mr. Dirk De Moor
Viale Enrico Martini n. 9 A. Reyerslaan 80 / DIAMANT BUILDING
20139 Milano /Italy 1030 Brussels / Belgium
Phone: (+3902) 55230580 Phone:(+32 2) 7 06 79 66
Fax: (+3902)55230574 Fax:(+32 2) 7 06 79 88
E-mail: assiot(at)assiot.it E-mail: dirk.demoor(at)agoria.be

The Federation of Technology Industries VDMA Antriebstechnik (Germany)

of Finland (Finland)
Deputy Managing Director:
Adviser: Mrs. Pirjo Tunturi Mr. Dirk Decker
P.O.B. 10 Lyoner Straße 18
FI-00131 Helsinki / Finland 60528 Frankfurt am Main /
Phone: (+3589) 19231 GERMANY
Fax: (+3589) 624462 Phone: +49 69 66 03-16 85
E-mail: pirjo.tunturi(at)techind.fi Fax: +49 69 66 03-14 59
E-mail: ant(at)vdma.org

BGA British Gear Association (UK) ARTEMA (France)

General Manager: Mrs. Shirley Elliott General Manager: Mrs. Laurence Chérillat
Suit 43, Imex Business Part, Shobnall Rd., 39/41, rue Louis-Blanc
Burton-on-Trent 92038 Paris la Défense Cedex
Staffordshire DE14 2AU / Great Britain Phone: +(33 1) 47176369
Phone: (+44 1283) 515521 Fax: +(33 1) 47176370
Fax: (+44 1282) 515641 E-mail: info(at)artema-france.org
E-mail: shirley(at)bga.org.uk

EUROTRANS, the 2nd of January 2010