In brief
The Machinery Regulation (EU) 2023/1230 governs the safety of machinery in the EU single market and applies from 20 January 2027 in place of the Machinery Directive.
Contents
What is Machinery Regulation (EU) 2023/1230?
The Machinery Regulation (EU) 2023/1230 replaces the Machinery Directive 2006/42/EC and applies from 20 January 2027. As a regulation, it is directly applicable in all Member States without national transposition. It sets out essential health and safety requirements for machinery, related products such as safety components and partly completed machinery, as well as conformity assessment, documentation and CE marking.
New features include requirements for protection against corruption and for the cybersecurity of safety-related control systems, rules for systems with self-evolving behaviour, the option of providing the instructions for use digitally and an explicit provision on substantial modification. Anyone who substantially modifies a machine may thereby assume manufacturer obligations. For certain categories of machinery, a conformity assessment involving a notified body is required.
For maintenance and spare parts procurement, the regulation is relevant above all for conversions, retrofits and the replacement of safety components: an equivalent replacement is generally not critical, whereas a change in function or performance must be assessed. The text of the regulation is authoritative; this entry does not constitute legal advice.
In practice: maintenance and procurement
When replacing safety components, document that the replacement and the original match in function and safety parameters. Plan retrofits that will be commissioned after 2027 with the new requirements in mind now, for example regarding the protection of control systems against tampering.
Synonyms and abbreviations: EU Machinery Regulation · MR 2023/1230 · Regulation (EU) 2023/1230 · new Machinery Directive
Frequently asked questions
When does the Machinery Regulation apply?
The Machinery Regulation (EU) 2023/1230 applies from 20 January 2027. From that date, it replaces the previous Machinery Directive 2006/42/EC. Individual provisions, for example on notified bodies, already apply earlier according to the text of the regulation. Transitional arrangements apply to machinery placed on the market before the cut-off date; the exact wording of the regulation is authoritative.
What is the difference between the Machinery Directive and the Machinery Regulation?
The Machinery Directive had to be transposed into national law, in Germany via the Machinery Ordinance under the Product Safety Act (ProdSG). The new EU Machinery Regulation, by contrast, applies directly in all Member States. In terms of content, it introduces new features such as cybersecurity requirements, rules on substantial modifications, requirements for self-evolving systems and the permission of digital instructions for use.
What does substantial modification mean under the Machinery Regulation?
A substantial modification exists when a machine is modified after being placed on the market in such a way that new hazards arise or existing risks increase and new protective measures become necessary. Anyone who carries out such a modification may be treated as a manufacturer. Whether a conversion falls under this must be checked in each individual case on the basis of the text of the regulation; this entry does not constitute legal advice.
Does the Machinery Regulation affect the replacement of spare parts?
Replacement with an equivalent spare part that does not change the function or safety level of the machine is generally not considered a substantial modification. The situation may be different if a spare part changes performance, control function or safety characteristics, for example in a retrofit. For safety components, equivalence should therefore be documented.