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On June 29, 2023, the new EU Machinery Regulation 2023/1230 was published in the EU Official 
Journal. It will come into force on July 19, 2023, and its application will be mandatory from January 2027.
The regulation introduces a new legal framework to the European machinery and equipment industry. Manufacturers, importers, and distributors of all types of machinery will have to comply with extensive new catalogs of obligations in the future. In addition, new requirements apply to cyber security and artificial intelligence. After the end of the transition period in 2027, the application of the regulation will be mandatory.
The following is a brief selection of the changes that will affect machine builders:
- As already permitted in other EU directives, operating instructions for machines may now also be transmitted digitally in the future. A paper form is no longer mandatory in every case.
- The so-called "Annex IV" machines (also "high-risk machines") are now to be found in Annex I, displacing the list of "fundamental health and safety requirements" previously located there.
- "Substantial change" was also addressed, but not defined more precisely. This is now included in the new regulation.
This implementation of digitization in machinery law is no great leap forward. Although the digital product passport will be available for many products soon, operating instructions for machines will still often be provided in bulky paper form. This regulation applies without restriction to machines that might be used by consumers. For all other machines, the manufacturer can make the operating instructions available digitally, but must provide them in paper form at short notice if requested by the end customer.
In the area of digital operating instructions, ARC experts believe that the European legislature is falling short of expectations and the current state of discussions on the digital product passport. The originally planned integration of the new safety-related requirements with the European AI Regulation has unfortunately not been achieved by the legislature either. Nevertheless, the new regulation is a step in the right direction.
For those interested, here is the direct link to the regulation in English: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32023R1230&qid=1688461658867