EU Machinery Regulation: What will change for the used machinery trade?
In April 2023, the EU Parliament passed the EU Machinery Regulation 2023/1230 (MVO), thus creating binding rules throughout Europe for the specification of safety requirements for machinery, which also affect the trade in used machinery. The EU MVO thus replaces the EC Machinery Directive 2006/42/EC, which has been in force since 2009, and is to be applied by manufacturers, dealers and other economic operators from January 20, 2027.
In contrast to the old directive, which allowed some leeway for different national interpretations, the MVO has been implemented as a regulation and must therefore be implemented in all EU member states, which will reduce the administrative burden and provide greater legal clarity, particularly in international trade.
Important innovations in the Machinery Regulation include risk coverage for digital technologies, mandatory independent testing when placing high-risk machinery on the market, and reduced requirements for paper-based documentation by allowing technical documentation, operating instructions, etc. to be provided in digital form.
Who does the EU Machinery Regulation affect?
The EU Machinery Regulation affects all economic operators who place „machinery and associated products“ on the market in the EU, i.e. not only manufacturers but also distributors and importers. The MVO defines a „distributor“ as „any natural or legal person in the supply chain who makes available on the market a product falling within the scope of this Regulation, other than the manufacturer or the importer.“ (Article 3, No. 21.) Thus, the EUBER also applies to trade in second-hand machinery. The term „associated products“ includes, for example, interchangeable equipment, removable cardan shafts, load handling attachments, ropes, chains and belts, and safety components.
What does the EU Machinery Regulation mean for machinery dealers?
When does a machine fall under the regulation?
For the machine trade, it is first important that the MVO does not differentiate between used and new machines.
The decisive factor is when a machine was first „placed on the market“ in Europe or, in the case of in-house production, „put into operation“. Since machine tools are usually in operation for many years or even decades, and technical adaptations, upgrades or conversions are occasionally made during this time, it is of importance when selling a used machine whether the modifications made are to be considered a „substantial change“. (More details in the following section.)
„Substantial changes“ to machinery
The term „substantial modification“ is of particular importance for dealers of used machinery. The term has been newly included in the legal text and which is now uniformly defined throughout Europe by the MVO as „a physical or digital modification of a machine or an associated product after it has been placed on the market or put into service, which is not intended or planned by the manufacturer and which impairs the safety of the respective machine or the associated product by creating a new hazard or increasing an existing hazard“. (Article 16) This prescribes the case in which a modified machine is considered a „new machine“ in the sense of the regulation, and which therefore has to undergo the conformity assessment for CE marking again.
It is important to know that the MVO distinguishes between a „substantial modification“ by the user and a „modification“ by a dealer or importer. If a user makes a change to a machine that is not classified as a „substantial change“ under the MVO, he may continue to use the machine, but must check whether it is formally a „change“ within the meaning of Article 17 MVO in the event of a subsequent sale. The bar is set much lower here, because a „change“ already exists if someone „modifies a product already placed on the market in such a way that compliance with the applicable requirements may be affected“.
Safety requirements
The new Machinery Ordinance specifies requirements for the safety and reliability of machine controls, especially when software is used. For example, controls must not lead to hazardous situations in the event of external influences, defects in hardware or software, errors in the logic of control circuits, and also in the event of malicious attempts by third parties. In the case of controls for autonomous machines, it must also be ensured that no actions are performed that go beyond the defined task and the defined range of motion. For safety functions in general, it applies that no changes may be made beyond the limits specified by the manufacturer in the risk assessment.
Conclusion
With the EU Machinery Regulation, uniform regulations now apply in Europe for trade in used machinery, related products and partly completed machinery as well. Under this regulation, dealers can sell products within the scope of the EU Machinery Regulation, provided they meet the EU Machinery Regulation requirements when they are introduced to the market. This move will undoubtedly come as a relief to many used machinery dealers. Also, in light of growing sustainability and resource efficiency considerations, it makes sense to promote a European market for used machinery in order to optimize resource use.
