Last edit: 01/08/2023
Is it true that the machinery manufacturer has responsibility, for the safety of its product, only for 10 years from the moment the machinery has been put into service?
We receive now and then that question from our customers. The misunderstanding is coming from the fact the machinery manufacturer has the obligation to keep the Technical File for 10 years.
[2006/42/EC] Annex II – Declarations – 2. CUSTODY
The manufacturer of machinery or his authorised representative shall keep the original EC declaration of conformity for a period of at least 10 years from the last date of manufacture of the machinery.
The manufacturer of partly completed machinery or his authorised representative shall keep the original declaration of incorporation for a period of at least 10 years from the last date of manufacture of the partly completed machinery.
However, his responsibility is for the whole lifetime of the machinery!
The limit of 10 years was established since, back in early 2000, most of the documentation was kept on paper. In the new Machinery Regulation, the language is still present but it is likely to be removed.
The Manufacturer responsibility is for the whole lifetime of the Machinery and not only for the first 10 years of use. It is also true that, as time goes by, if the owner does not follow the prescriptions stated in the Instruction for use, the manufacturer will have more and more elements to claim, to justify a failure that has caused an hazardous situation.