INDUSTRY NEWS
The correct way to open the new EU machinery regulations
EC Machinery Directive becomes EU Machinery Regulation
The Machinery Directive 2006/42/EC is one of the most important legislation for coordinating the basic safety requirements for machinery within the European Union. It describes standardized health and safety requirements for the interaction between humans and machines, promotes the free movement of machinery within the single market, and achieves high protection for EU workers and consumers.
The new EU Machinery Regulation 2023/1230 was published in the Official Journal of the European Union on June 29, 2023, replacing the Machinery Directive 2006/42/EC that came into effect on December 29, 2009.
In order to help everyone better understand the requirements of regulations, we will launch a special topic on new machinery regulations in 2024, explaining the procedural and technical requirements for regulatory changes one by one. Next, we will introduce the differences in administrative procedures from directives to regulations.
The effective date of the EU Machinery Regulation
The new EU Machinery Regulation was passed by a vote in the European Parliament on April 18, 2023, and came into effect after being published in the Official Journal of the European Union on June 29, 2023. Its official name is "Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 concerning machinery, repealed Directive 2006/42/EC of the European Parliament and of the Council and Directive 73/361/EEC of the Council". The regulation is enforced 20 days after its publication. On July 4, 2023, the application date of the new machinery regulation was corrected, which means that the EU machinery regulation will be enforced on January 20, 2027 (key date regulation).
The difference between mechanical instructions and mechanical regulations
Usually, once EU directives are adopted or updated, each EU member state will undergo a process of "localization" and need to first incorporate them into their national legislation. And legal rules are a legally binding instrument that all EU countries must fully implement. In other words, once the machinery regulations are published, they will be immediately applicable in each EU member state without the need for revision.
Transition period of mechanical regulations
The transition period for the EU Machinery Regulation is 42 months, ending on January 20, 2027 (key date specified). After this deadline, there will be no selectable coexistence period. With the arrival of the transition period, manufacturers of mechanical equipment have enough time to adapt to the new rules and must complete the conversion before the deadline. Starting from January 20, 2027, a declaration of conformity must be issued in accordance with the new EU machinery regulations. There are two special situations that need to be noted for products declared by equipment manufacturers according to the Machinery Directive before January 20, 2027:
Delivered to the end user before January 20, 2027, only included in the actual application after a period of inventory on the end user side (with a usage date later than January 20, 2027)
In this case, the end user does not need to request a new conformity statement from the product manufacturer, as the product has already been launched on the market.
If the original equipment manufacturer still has inventory after the critical date and has not delivered it
In this case, not delivering is equivalent to not "putting it on the market", so the situation is not so clear. It is highly likely that the replacement of regulations will be implemented from a critical date.
For manufacturers of mechanical equipment, key dates are particularly important. Completing changes as early as possible before the deadline can avoid many unnecessary troubles.
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