2023/07/21
The 14th of June was published on the official Journal of the European Union the official version of Regulation 1230/2023 concerning Machinery.
The new Regulation represents an important development concerning all machinery Manufacturers in the Union, putting new objectives and regulating those aspects remained unclear in the Directive 2006/42/CE.
A first important aspect is due to the change from Directive to Regulation. While the first shall be transposed by each Member state to its internal law, a the latter represents already a Union law that shall be applicated as effective.
The Machinery Regulation features new aspects respects the Directive 2006/42/CE
From a practical point of view some questions arise. Let us try to answer promptly:
- The new Regulation is already in force?
The Regulation entered into force the 19th of July 2023. This does not mean that the Regulation is already applicable; the transition period from Directive 2006/42/CE to Regulation 1230/2023 will end the 20th of January 2027.
This last date represents the conclusion of this process. However, in the meantime others parts will be already applicable, hence:
- 50 §1 from 12/10/2023 (Penalties from the Member States);
- Art 6 §7; 48 and 52 from 13/07/2023 (committee procedure and transition and final provision)
- Art 6 §2-6, 8, 11; art. 47; art 53 §3 from 14/07/2023 (products subjected to relevant conformity assessment procedures, delegation, evaluation and review of Regulation)
- Art 26-42 from 14/01/2024 (specific for notify bodies)
Therefore until 20/01/2027 Directive 2006/42/CE will remain in force. It is however recommended to comply with the Regulation during this transition period.
- Is it already possible to refer to the Regulation 1230/2023?
No, as explained above, only when the Directive 2006/42/CE will be repealed (namely from 20/01/2027), it will be possible to cite the Regulation 1230/2023 in the declaration of conformity.
- What about partly completed machine in the Regulation 1230/2023?
Partly completed machine are not deeply modified by the Regulation 1230/2023. Other than the major changes concerning also Machinery, applicable also to partly completed machine (such as documentation digitalization and source code or software included in the technical documentation), a dedicated annex concerning assembly instructions was added.
The transitional period lasts about three and half year. Despite this could seem a long period, because of the everyday life routine and busy periods, time runs out quite quickly.
Advolo can offer a team of experts in machinery certification and compliance capable to assist and guide your company from the design up to the certification of the product according to the new Machinery Regulation.
To know more about it contact us at the following e-mail address:
