The new Machinery Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023, published in the Official Journal of the European Union L 165 of 29 June 2023, replaces Directive 2006/42/EC and establishes a new regulatory regime.

With the publication of the Machinery Regulation (EU) 2023/1230, the legislative framework for machinery safety changes. Directive 2006/42/EC is replaced by the new regulation, which does not require national transposition by each Member States, but becomes directly applicable within the EU area.

GOALS AND PURPOSES

Machinery Regulation (EU) 2023/1230

“lays down health and safety requirements for the design and construction of machinery, related products and partly completed machinery to allow them to be made available on the market or put into service while ensuring a high level of protection of the health and safety of persons, in particular consumers and professional users […]”.

Specifically, it is intended to:

• harmonize safety and health protection requirements for machinery in all member States,
• establish clear rules, which must be applied uniformly by all operators in the EU and leave no scope for divergence in implementation by member States,
• identify economic operators (manufacturer, authorised representative, importer, distributor) and their tasks and responsibilities, as set out in Regulation (EU) 2019/1020 on market surveillance and compliance of products,
• fill gaps or inconsistencies in the product coverage and conformity assessment procedures of Directive 2006/42/EC, with a focus on emerging technologies (Artificial Intelligence systems, Internet of Things, collaborative robots, etc.)

SCOPE OF APPLICATION

The Machinery Regulation applies to:

• machines and related products (interchangeable equipment, safety components, lifting accessories, chains, ropes and webbing, removable mechanical transmission devices)
• partly completed machinery
• software designed for the specific application intended by the manufacturer and which are covered by the conformity assessment procedure for machines, and software with a safety function (considered as safety components)
• on-road vehicles that are not yet covered by a specific legal act of the Union, including electric bicycles, electric scooters and other personal mobility devices.

TIMELINE OF IMPLEMENTATION

The regulation enters into force on the 20th day after publication in the Official Journal of the European Union and becomes applicable 42 months after the date of entry into force (January 14, 2027). However, the regulation (Art. 54) stipulates specific application dates for specific articles, which apply earlier than the 42-month period.

Ente Certificazione Macchine, Notified Body No. 1282 for the Machinery Directive 2006/42/EC, is already preparing to implement the regulatory changes among its services and invites all companies to adapt to the new requirements as soon as possible. For more information, do not hesitate to contact our Account Manager Paolo Bernardoni at paolo@entecerma.it | (+39) 345 9938661