The EU Machinery Rules Change in 2027: (EU) 2023/1230 Replaces 2006/42/EC

From "Directive" to "Regulation"

The EU published the Machinery Regulation (EU) 2023/1230 on June 29, 2023; it entered into force on July 19 of the same year and applies in full from January 20, 2027, repealing the Machinery Directive 2006/42/EC on the same day. The original Official Journal text gave the date of application as January 14, 2027, later changed to January 20 by a corrigendum.

A "directive" must be transposed into national law by each member state, so some differences between countries are inevitable; a "regulation" applies directly in all member states, with identical wording. For exporters, the rules are more uniform, but there are also more new requirements.

What About Machines Shipped Before 2027?

Article 52 of the new regulation has transitional provisions: member states may not prevent machinery lawfully placed on the market under 2006/42/EC before January 20, 2027 from continuing to be made available. EC type-examination certificates issued under the old directive also remain valid until they expire.

The key is when the machine is "placed on the market." A machine placed on the EU market on or after January 20, 2027 must comply with the new regulation. If shipping schedules straddle this date, or the same model will continue to be sold after 2027, you should start preparing documents against the new regulation now.

Main Changes

1. Instructions can be digital
Manufacturers may provide instructions in digital form only, but must indicate on the machine or in documentation how to access them; the content must be downloadable and printable and remain available online for the product's expected lifetime and for at least 10 years. If a user requests a paper version at the time of purchase, the manufacturer must provide it free of charge within 1 month. For products intended for non-professional users, safety information must still be provided on paper. The language of the instructions is determined by each member state and must be easily understood by users.

2. The declaration of conformity can be provided via URL or QR code
The EU declaration of conformity may instead be provided via a web address or QR code, and the online version must be kept for at least 10 years. The name also changes from "EC declaration of conformity" to "EU declaration of conformity."

3. Clearer machine marking
Machines must be marked with the model, year of manufacture, serial number, and the manufacturer's name, postal address, and website or email address.

4. Cybersecurity
The new essential safety requirements add "protection against corruption": the machine's control system must withstand reasonably foreseeable malicious attempts, and machines that are networked or receive software updates must not become dangerous as a result.

5. Substantial modification
After a machine is placed on the market, if someone makes a physical or digital modification not foreseen by the original manufacturer that creates a new hazard or increases an existing risk, requiring measures such as adding guards or changing the safety control system, it counts as a "substantial modification." The person making the modification assumes the manufacturer's obligations. Customers who modify machines themselves or add automation equipment should pay particular attention.

6. High-risk categories regrouped
Annex I of the new regulation is split into two parts:

• Part A: Third-party assessment is mandatory, for example removable mechanical transmission devices and their guards, vehicle servicing lifts, portable cartridge-operated fixing tools, and safety components or systems with self-evolving behavior that perform safety functions.
• Part B: Self-declaration is possible when fully manufactured according to harmonized standards or common specifications, for example circular saws and band saws for meat, presses, and injection molding machines.

Encrusting machines, dividers, and bun machines aren't in either part of Annex I and are generally still self-declared by the manufacturer.

7. Document retention
The technical file and EU declaration of conformity must be kept for at least 10 years after the machine is placed on the market. With good reason, the authorities may also request software source code or programming logic.

Are the Hygiene Requirements for Food Machinery Still There?

Yes. The hygiene requirements for foodstuffs machinery in Section 2.1 of Annex I of the old directive have moved to Section 2.1 of Part B of Annex III in the new regulation, with largely the same content: contact surfaces smooth and easy to clean, liquids able to drain, lubricants not to contact food, and so on; the requirements for contact materials now also include water intended for human consumption. Machines whose designs already met the old directive's hygiene requirements will need relatively little adjustment in this area. For the overall CE approach, see CE marking.

What to Prepare for Machines Exported Now

• Determine whether the machine will be placed on the EU market before or after January 20, 2027
• Review the risk assessment against Annex III of the new regulation, especially the control system and software
• Prepare the machine marking: model, year, serial number, manufacturer contact details
• Decide how instructions will be provided; if going digital, plan for at least 10 years of online availability
• Update the declaration of conformity format
• Confirm the versions and status of the harmonized standards applied under the new regulation

FAQ

Q: What's different after 2027?
A: 2006/42/EC is repealed and replaced by (EU) 2023/1230. The new regulation allows digital instructions, requires cybersecurity protection, defines substantial modification, adjusts the high-risk categories, and requires documents to be kept for at least 10 years.

Q: When does the new regulation start to apply?
A: January 20, 2027. The regulation entered into force on July 19, 2023, but only applies in full from January 20, 2027.

Q: Can machines sold in 2026 still be used after 2027?
A: Yes. Member states may not prevent machinery lawfully placed on the market under 2006/42/EC before January 20, 2027 from being made available.

Q: Do encrusting machines need third-party certification under the new regulation?
A: Encrusting machines aren't in the high-risk categories of Annex I of the new regulation and are generally still self-declared by the manufacturer.

Q: Can instructions be provided only as an electronic file?
A: Yes, but they must be downloadable and printable and available online for at least 10 years; if a customer requests paper at the time of purchase, it must be provided free of charge within 1 month.