New EU Machinery Directive Brings Important Changes for Manufacturers and Operators

The European Union (EU) Machinery Regulation that will replace the current Machinery Directive (Directive 2006/42/EC) is scheduled for publication in July 2023. The new Regulation contains numerous changes addressing safety of machinery, which must be observed by manufacturers and other economic operators. It will enter into force throughout all EU Member States immediately upon adoption and must be applied 42 months after that date. The “Regulation of the European Parliament and of the Council on Machinery Products” contains binding provisions for manufacturers and other economic operators governing machinery safety in the European Union. It increases legal certainty by defining binding requirements imposed on the design, construction and placing into operation of machinery and related products. The scope of the new Machinery Regulation has also been expanded in comparison to its predecessor; the new Regulation spans the entire supply chain and specifies concrete obligations for all market participants. The EU Council adopted the new regulation on machinery on May 22. The regulation enters into force 20 days after its announcement in the Official Journal of the European Union. A 42-month transitional period begins upon the official entry into force of the Regulation; upon expiry of the transitional period, application of the Regulation will become mandatory.