Hot Spot 2023-1230 New Machinery Regulation Enters into Force

What is it?

On July 19th 2023 the new EU Machinery Regulation 2023/1230 entered into force in the European Union. This replacement for the 2006/42 Machinery Directive has entered into force as a Regulation rather than a Directive which means that it is immediately applicable across the EU without the need for each member state to introduce their own national legislation version. The end of the transition period for the new Regulation is 14th January 2027 when it will replace the 2006/42/EU Machinery Directive as a mandatory requirement for applicable products first placed on the market in the EU after that date.

The form of the Regulation is substantially different from the old Machinery Directive however, the major changes mainly centre around requirements for the use of digital information and techniques in order to keep pace with recent developments in technology.

Why is it Important?

Like the Machinery Directive the new Machinery Regulation is not applicable to manually operated valves and, as before, it generally only applies to valves and actuators when they are part of a completed machine. The main requirements for BVAA members relate to the supply of adequate installation and operating information to the party who is assembling the products into the final machine to allow them to conduct an adequate risk assessment and pass on any necessary information to the end user to allow safe operation.

Modernising major changes that have been introduced in the Regulation cover the use of digital documentation and operating instructions, as well as the use of artificial intelligence and “machine learning behaviour”, however paper documents must still be made available on request. There are also new cybersecurity requirements where manufacturers must by law take measures to ensure the security of their products against potential cyber threats and protection against interference.

A copy of the new regulation can be downloaded via this link EUR-Lex - 32023R1230 - EN - EUR-Lex (europa.eu). It should be noted that no plans to adopt the new Regulation have so far been announced by the UK Government.

Members are advised to review the new Machinery Regulation in order to identify and implement any changes that they need to make to their products or documentation for the EU market in order to be ready for the end of the transition period on 14th January 2027.

Supersedes

2006/42/EC Machinery Directive

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Published: 31st October 2023