The new Machinery Regulation represents a major innovative boost for all machinery manufacturers in the European Union, setting new targets and regulating some aspects that remained poorly defined in Directive 2006/42/EC.

The first point worth noting is the change from Directive to Regulation. This is a rather important change, because it leaves member states no margin for amendment: a European Directive must be transposed by each member state through a national law, whereas a European Regulation is a community law whose text (approved by the European Parliament) is transposed in full.

The Machinery Regulation also presents a number of innovative points and changes compared to the Directive. From a practical point of view, however, there are a number of questions that arise spontaneously and which should be answered immediately.

Is the Machinery Regulation already in force?

The Regulation entered into force on 19 July 2023. This does not mean that it is applicable, as the transition period between Directive 2006/42/EC and Regulation 1230/2023 will end on 20/01/2027.

Although 20/01/2027 will be the end point of the entry into force process, some parts of the Regulation will be applicable even earlier; in particular

– Art. 50 §1 from 12/10/2023 (sanctions applicable by Member States)

– Art. 6 §7; Art. 48; Art. 52 from 13/07/2023 (committee procedures and transitional provisions)

– Art. 6 §2-6, §8, §11; Art. 47; Art 53 §3 as from 14/07/2023 (specific procedures for compliance, delegation, evaluation and review of the Regulation)

– Art. 26-42 as from 14/01/2024 (specific for notified bodies)

Therefore, Directive 2006/42/EC will remain fully valid until 20/01/2027. It will still be possible (and advisable) to adapt to the new regulation during this transitional period.

Can the Machinery Regulation be cited?

No. According to the point above, until the new Regulation definitively replaces Directive 2006/42/EC, it cannot even be cited as the law applicable to machinery.

How do partly completed machinery figure in Regulation 1230/2023?

Partly completed machinery is not particularly modified. In addition to the major changes concerning both machinery and partly completed machinery (such as the digitisation of documents, or the deposit of software and/or source code in the technical documentation), an annex has been introduced that is entirely dedicated to the incorporation instructions that must be attached to partly completed machinery.

At Advolo, we provide you with a team of experts in the field of machinery certification who can assist you from the design of your product according to the main reference standards to certification in compliance with the new Regulation. Please do not hesitate to contact us for more information at: commerciale@advolo.it