Whe­re is the new Euro­pean Machi­nery Regulation?

The so-called “tri­lo­gue nego­tia­ti­ons” are start­ing in Brussels the­se days. The tri­lo­gue is a mee­ting of repre­sen­ta­ti­ves of the legis­la­ti­ve insti­tu­ti­ons of the EU, con­sis­ting of the Com­mis­si­on, Coun­cil and Par­lia­ment. The cur­rent text pro­po­sal, which has alre­a­dy been indi­vi­du­al­ly review­ed and com­men­ted on by all three insti­tu­ti­ons, is being fina­li­sed bet­ween the par­ties. The goal is to reach agree­ment on all out­stan­ding and dis­pu­ted points so that the final draft of the regu­la­ti­on will be in place at the end.

The new EU Machi­nery Regu­la­ti­on will replace pre­vious EC Machi­nery Direc­ti­ve 2006/42/EC. The decisi­ve fac­tor here is first of all that the Direc­ti­ve is being repla­ced by a regu­la­ti­on, which appli­es direct­ly in the EU mem­ber sta­tes and no lon­ger needs to be con­ver­ted into natio­nal law. In addi­ti­on, three points are par­ti­cu­lar­ly note­wor­t­hy from the draft text known to date:

•          Machi­nes with high risk potential

The list of machi­nes with high risk poten­ti­al (form­er­ly Annex IV) is being exten­ded and pro­vi­ded with the pos­si­bi­li­ty of influence by the EU Com­mis­si­on. The list can and thus will be dyna­mic, it being pos­si­ble update the list at short noti­ce. In addi­ti­on, a noti­fied body must be invol­ved in future for the con­for­mi­ty assess­ment of machi­nes in this class.

•          Digi­ti­sa­ti­on

As far as pos­si­ble, hard­co­py ope­ra­ting manu­als and the asso­cia­ted car­bon foot­print are to beco­me a thing of the past. Howe­ver, the Com­mis­si­on could not ful­ly com­ply with the request of some EU count­ries: Con­cerns from other mem­ber sta­tes that strict­ly digi­tal ins­truc­tions might not be cle­ar­ly reco­g­nis­ed and retrie­va­ble by every end cus­to­mer again limi­t­ed the plan­ned digi­ti­sa­ti­on initia­ti­ve, main­ly con­cer­ning B2C pro­ducts. Digi­tal ope­ra­ting ins­truc­tions are per­mit­ted for B2B pro­ducts. B2B cus­to­mers can still insist on hard­co­py form.

•          Soft­ware & AI

Actual­ly, the revi­si­on of the Machi­nery Direc­ti­ve was sup­po­sed to be all about soft­ware, so during the pro­cess it was deci­ded wit­hout fur­ther ado to include the new Euro­pean AI Regu­la­ti­on (pre­vious­ly only known as a draft) in the new Machi­nery Regu­la­ti­on. Howe­ver, as the legis­la­ti­ve pro­cess around the new AI Regu­la­ti­on has been con­sider­a­b­ly delay­ed, this pro­ject was stop­ped again on the advice of the Coun­cil and the Par­lia­ment and the refe­ren­ces to the pro­vi­si­ons of the upco­ming AI Regu­la­ti­on were dele­ted. This is inten­ded to pre­vent the end result from beco­ming various regu­la­ti­ons that are not coor­di­na­ted with each other. What has endu­red in all cases: the update around the aspect of soft­ware and thus in par­ti­cu­lar the hand­ling of soft­ware, soft­ware errors and sub­se­quent soft­ware updates.

The new Machi­nery Regu­la­ti­on is a prio­ri­ty for the Czech EU Pre­si­den­cy and is expec­ted to be a major achie­ve­ment of its term. The­r­e­fo­re, the ambi­tious goal is to suc­cessful­ly con­clude the tri­lo­gue pro­cess in the autumn in all cases.


It will be exci­ting to see what will be left of the 200-page docu­ment and the many pro­po­sed chan­ges. We will pro­vi­de detail­ed insight into the inno­va­tions of the Machi­nery Regu­la­ti­on in the coming days…


Stay up-to-date

We use your email address exclusively for sending our newsletter. You have the right to revoke your consent at any time with effect for the future. For further information, please refer to our privacy policy.