Machinery Regulation

32023R1230 → 02023R1230-20230629

Article 6 Categories of machinery and related products listed in Annex I subject to relevant conformity assessment procedures 1. Machinery and related products that fall within the categories listed in Annex I, Part A, shall be subject to the specific conformity assessment … 845 unchanged words … concerns and provide reasons in support thereof. The Commission shall conduct the assessment referred to in paragraph 4 immediately after being informed by a Member State. After making that assessment, the Commission may initiate the procedure laid down in paragraph 2. 9. By 14 20 July 2025, and every five years thereafter, Member States shall provide the data and information referred to in paragraph 5, including information to the effect that none of the events referred to in paragraph 5 has occurred, for every category of machinery or related products which is included in Annex I or which is not included in Annex I where that non-inclusion is a cause of concern for the Member State. 10. The Commission shall adopt implementing acts setting out and, where necessary in the light of technological and market development, updating a template concerning the collection by Member States of the data and the information referred to in paragraph 5, points (a) to (d). When adopting those implementing acts, the Commission shall issue guidance to Member States on the collection and transmission of comparable, high-quality data and information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3). The first such implementing act shall be adopted not later than 14 20 July 2024. 11. If necessary after the Commission report referred to in Article 53(3), the Commission shall adopt delegated acts in accordance with Article 47 to supplement paragraph 5 of this Article by specifying the obligations of Member States to provide data and information required pursuant to this Article through the establishment of a common methodology concerning the data and information to be collected, including the methods for their collection and compilation, and the procedures for their transmission, as well as the relevant definitions, in order to ensure that sufficient and comparable data is available for the Commission to carry out the assessment referred to in paragraph 4.

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Article 47 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 6(2), 6(11) and 7(2) shall be conferred on the Commission for a period of five years from 13 19 July 2023. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Articles 6(2), 6(11) and 7(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 6(2), 6(11) or 7(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

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Article 50 Penalties 1. Member States shall lay down the rules on penalties applicable to infringements by economic operators of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and may include criminal penalties for serious infringements. 2. Member States shall, by 14 20 October 2026, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

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Article 51 Repeals 1. Directive 73/361/EEC is repealed. References to the repealed Directive 73/361/EEC shall be construed as references to this Regulation. 2. Directive 2006/42/EC is repealed with effect from 14 20 January 2027. References to the repealed Directive 2006/42/EC shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XII.

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Article 52 Transitional provisions 1. Member States shall not impede the making available on the market of products which were placed on the market in conformity with Directive 2006/42/EC before 14 20 January 2027. However, Chapter VI of this Regulation shall apply, from 13 19 July 2023, mutatis mutandis to such products instead of Article 11 of that Directive, including products for which a procedure has already been initiated under Article 11 of Directive 2006/42/EC. 2. EC type-examination certificates and approval decisions issued in accordance with Article 12 of Directive 2006/42/EC shall remain valid until they expire.

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Article 53 Evaluation and review 1. By 14 20 July 2028 and every four years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public. 2. Taking account of technical progress and practical experience gained in Member States as indicated in Article 6, the Commission shall in its report include an evaluation on the following aspects of this Regulation: (a) the essential health and safety requirements set out in Annex III; (b) the conformity assessment procedure applicable to machinery or related products listed in Annex I. Where appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation. 3. By 14 20 July 2026 and every five years thereafter, the Commission shall submit a specific report on the assessment of Article 6(4) and (5) of this Regulation to the European Parliament and to the Council. The reports shall be made public. The Commission shall include in its reports the following: (a) a summary of data and information provided by Member States in accordance with Article 6(5) during the reporting period; (b) an assessment of the list of categories of machinery or related products in Annex I in view of the criteria set out in Article 6(4). In the reports, the Commission shall assess the appropriateness and availability of data and information provided by Member States, including its sufficiency and suitability for the purposes of making comparisons, identifying any shortcomings, necessary to ensure effective functioning and enforcement of Article 6.

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Article 54 Entry into force and application This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 14 20 January 2027. However, the following Articles shall apply from the following dates: (a) Articles 26 to 42 from 14 20 January 2024; (b) Article 50(1) from 14 20 October 2023; 2026; (c) Article 6(7) and Articles 48 and 52 from 13 19 July 2023; (d) Article 6(2) to (6), (8) and (11) and Articles 47 and 53(3) from 14 20 July 2024.