Amendments for the new Machinery Regulation (EU) 2023/1230

When the regulation was published on 29 June 2023, the date of commencement and numerous other effective dates were not calculated correctly.

Regulations usually come into force 20 days after their publication in the Official Journal, and this was also the intention for the Machinery Regulation. The other relevant dates are subsequently linked to this 20-day period. Thus, the corrigendum of 4 July 2023 results in changes to the regulation in the following places:

You can open and download the full text of the corrigendum via the following link:

Regulation (EU) 2024/2747 was published in the Official Journal of the EU on 8 November 2024 and contains provisions "as regards emergency procedures for the conformity assessment, presumption of conformity, adoption of common specifications and market surveillance due to an internal market emergency".

Specifically, this regulation lays down provisions to ensure the normal functioning of the internal market and the availability of crisis-relevant goods during a crisis.

In addition to the Machinery Regulation, numerous other provisions are being prepared for such an "internal market emergency", including the regulations on construction products (305/2011), cableways (2016/424), protective equipment (2016/425), gas appliances (20 16/425) or the General Product Safety Regulation (EU) 2023/988.

The following new definitions are added to Article 3 of the Machinery Regulation 2023/1230:

• 37. "crisis-relevant goods" means crisis-relevant goods as defined in Article 3(6) of Regulation (EU) 2024/2747 of the European Parliament and of the Council (*);
• 38. "internal market emergency mode" means the internal market emergency mode as defined in point (3) of Article 3 of Regulation (EU) 2024/2747.

In addition, Chapter IVa (Emergency Procedures) is added to the existing Chapter IV (Conformity Assessment) with additions to Article 25 (Conformity assessment procedure for machinery and related products):

• Article 25a (Application): The added Articles 25b to 25e of the MR apply
  ...only if the Commission has adopted an implementing act
  ...exclusively for machines that have been classified as crisis-relevant goods
  ...exclusively during the emergency mode for the internal market
• Article 25b (Prioritisation): Notified bodies shall process all applications as a matter of priority and shall increase their testing capacities.
• Article 25c (Derogation): Authorisation of placing on the market by a member state even if the conformity assessment procedure has not been carried out by the notified body. Recognition by other member states or extension of the authorisation by the Commission to the entire EU. Indication on the machine that it is being placed on the market as a ‘crisis-relevant product’ – but no CE mark.
• Article 25d (Standards/Specifications): Commission may indicate appropriate standards and specifications in the implementing act.
• Article 25e (Market surveillance): priority surveillance activities and mutual assistance between authorities.

You can open and download the full text of the amendment via the following link: