Machinery safety requirements (2023)

SUMMARY OF:

Regulation (EU) 2023/1230 on machinery and repealing Directive 2006/42/EC and Directive 73/361/EEC

WHAT IS THE AIM OF THE REGULATION?

It sets out, at the European Union (EU) level, rules for machinery, related products* and partly completed machinery, in order to ensure a high level of safety for EU workers and citizens.
It also ensures, for the aspects covered by the regulation, the free movement of compliant machinery, related products and partly completed machinery within the single market.
It repeals and replaces Directive 2006/42/EC, as of 20 January 2027.
It is in the form of a regulation to ensure a more uniform interpretation of key concepts.

KEY POINTS

Scope

This regulation covers machinery and the following related products:

interchangeable equipment;
safety components;
lifting accessories;
chains, ropes and webbing;
removable mechanical transmission devices.

The above are hereinafter referred to as ‘machinery or related products’.

It also applies to partly completed machinery.

A number of products are expressly excluded, including transport by air, on water and on rail networks, although the regulation still applies to the machinery mounted on those means of transport.

Obligations of economic operators

The regulation contains lists of obligations of manufacturers, importers and distributors.

Health and safety essential requirements and presumption of conformity

When placing machinery or related products covered by the regulation on the market or putting them into service, manufacturers must ensure that they have been designed and constructed in accordance with the essential health and safety requirements set out in Annex III to the regulation.
When placing partly completed machinery covered by the regulation on the market, manufacturers must ensure that it has been designed and constructed in accordance with the relevant essential health and safety requirements set out in Annex III to the regulation.
Voluntary harmonised standards (cited in the Official Journal of the European Union) or common specifications (published in the Official Journal) provide, if applied, presumption of conformity to the corresponding essential requirements.
Common specifications may be established by the European Commission, via implementing acts, where certain conditions have been fulfilled.

Conformity assessment procedures

The regulation allows the internal production control procedure (‘self-assessment’) to be applied in order to demonstrate conformity with the applicable essential requirements for most products (with the exception of those listed in Part A of Annex I).
More specifically, for products listed in Annex I, a conformity assessment procedure involving a notified body must be followed; however, for products listed in Part B of that annex, the internal production control procedure (‘self-assessment’) may be followed when the products are designed and constructed in accordance with the relevant harmonised standards (cited in the Official Journal) or the relevant common specifications (published in the Official Journal), if they are specific to that category of product and cover all relevant essential requirements.
The Commission can modify the list of categories in Annex I by adopting delegated acts, after assessing relevant data and information.

CE marking, EU declaration of conformity, safety information and instructions: machinery or related products

Where the compliance of machinery or related products covered by the regulation with the applicable requirements has been demonstrated, manufacturers must then draw up an EU declaration of conformity and affix the CE marking.
The EU declaration of conformity and instructions for use (which also include the safety information) will have to be provided with all machinery or related products. The EU declaration of conformity and instructions for use (which also include the safety information) may be provided in digital format. If they are provided in digital format, the manufacturer must fulfil specific obligations. For machinery or related products for non-professional use, the safety information that is essential for putting it into service and for using it in a safe way must, however, be provided in paper format. Customers will still be able to ask to be provided with the instructions for use in paper format free of charge.

EU declaration of incorporation and assembly instructions: partly completed machinery

Where the compliance of partly completed machinery covered by the regulation with the relevant essential requirements has been demonstrated, manufacturers shall draw up the EU declaration of incorporation.
The EU declaration of incorporation and the assembly instructions, which may be provided in digital format, will have to be provided with every type of partly completed machinery covered by the regulation. If they are provided in digital format, the manufacturer must fulfil specific obligations. The person who incorporates the partly completed machinery will still be able to ask to be provided with the assembly instructions in paper format free of charge.

FROM WHEN DOES THE REGULATION APPLY?

The regulation will apply from 20 January 2027. However, the following articles apply from these dates:

Articles 26 to 42 from 20 January 2024;
Article 50(1) from 20 October 2023;
Article 6(7) and Articles 48 and 52 from 19 July 2023;
Article 6(2) to (6), (8) and (11), Article 47 and Article 53(3) from 20 July 2024.

BACKGROUND

Commission statement on the occasion of the adoption of Regulation (EU) 2023/1230 of the European Parliament and of the Council 2023/C 227/08 PUB/2023/477 (OJ C 227, 29.6.2023, p. 11).

For further information, see:

Machinery (European Commission).

KEY TERMS

Related products. This term covers interchangeable equipment, safety components, lifting accessories, chains, ropes and webbing, and removable mechanical transmission devices.

MAIN DOCUMENT

Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (OJ L 165, 29.6.2023, pp. 1–102).

Successive amendments to Regulation (EU) No 2023/1230 have been incorporated into the original text. This consolidated version is of documentary value only.