Regulation (EU) 2023/1230 on machinery and repealing Directive 2006/42/EC and Council Directive 73/361/EEC

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Series Details L 165, Pages 1-102
Publication Date 29/06/2023
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Regulation (EU) 2023/1230 - adopted by the co-legislators on 14 June 2023 - addressing machinery products. It repeals Directive 2006/42/EC and Council Directive 73/361/EEC. This is a text with EEA relevance.

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This Regulation lays down health and safety requirements for the design and construction of machinery, related products and partly completed machinery to allow them to be made available on the market or put into service while ensuring a high level of protection of the health and safety of persons, in particular consumers and professional users, and, where appropriate, of domestic animals and property, and, where applicable, of the environment. It also establishes rules on the free movement of products within the scope of this Regulation in the European Union (EU).

The draft law was adopted by the European Commission on 21 April 2021, as part of a legislative package on Artificial Intelligence (AI) overviewed by the Communication on Fostering a European approach to Artificial Intelligence. Its aim was to replace Directive (EU) 2006/42/EC (also known as the Machinery Directive). During the REFIT evaluation of the Directive, stakeholders confirmed the importance of this piece of legislation but identified a necessity to improve, simplify and adapt it to the needs of the market. Its revision was listed in the European Commission's 2020 Work Programme. The 2020 White Paper on Artificial Intelligence was accompanied by a report on the impact of new technologies and the challenges they pose to EU safety legislation, which identified a number of gaps that required addressing, in particular in the Machinery Directive.

The plenary of the European Parliament endorsed a negotiating position on 20 May 2022. The Council of the European Union adopted its general approach to the proposal on 24 June. An informal agreement between the co-legislators on a compromise text for this file was reached on 15 December. This was formally endorsed by Parliament on 18 April 2023, and by the Council on 22 May. The Act was signed by the co-legislators on 14 June 2023 and published in the Official Journal on 29 June 2023.

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Commentary and Analysis
European Parliamentary Research Service (EPRS): Briefing, 02/07/2021: Revising the Machinery Directive - Initial Appraisal of a European Commission Impact Assessment
European Parliamentary Research Service (EPRS): Briefing, 17/03/2023: Ensuring machine safety in the digital age: Revision of the Machinery Directive

EUR-LEX: COM(2021)202: Proposal for a Regulation on machinery products
EUR-LEX: SWD(2021)82 - Staff Working Document accompanying the Proposal - Impact Assessment
EUR-LEX: SWD(2021)83- Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment
European Parliament: Legislative Observatory: Procedure File for Proposal on Regulation on machinery products (2021/0105(COD))
European Parliament: Legislative Train Schedule: Revision of the Machinery Directive (REFIT)
European Commission: DG Internal Market, Industry, Entrepreneurship and SMEs: Machinery
European Commission: Press Release, 21/04/2021: Europe fit for the Digital Age: Commission proposes new rules and actions for excellence and trust in Artificial Intelligence
European Commission: New rules for Artificial Intelligence – Questions and Answers (21 April 2021)
European Commission: Speech by Executive Vice-President Vestager at the press conference on fostering a European approach to Artificial Intelligence (21 April 2021)
Council of the European Union: Press Release, 24/06/2022: Regulation for safer machinery: Council adopts mandate for negotiations with European Parliament
Council of the European Union: Press Release, 15/12/2022: Council and European Parliament agree on new safety requirements for machinery products

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