My Take on Article 13: Why the New Machinery Regulation Hits the Mark on Importer Rules

“Importers shall place only compliant machinery or related products on the market" _{(Article 13 - Machinery Regulation 2023/1230)}

The rules for importing machinery from third countries get an entire chapter to themselves in the upcoming Machinery Regulation.

(There is not really much mentioned in the Machinery Directive; currently, you have to look into the guidance documents and instructions from authorities to find anything.)

The Machinery Regulation states that if you import a machine, you must ensure that the manufacturer complies with the provisions of the Regulation, but also that they have actually compiled the technical documentation as the basis for the CE marking. 🤔

And remember: You are not only an importer when you resell the machine, but also if it is purchased for internal use.

If the manufacturer outside the EU does not have an authorised representative, the importer must make the technical documentation available and cooperate with the authorities.

Not least, authorities can require the importer to produce the declaration and technical documentation for up to 10 years after the machine has been placed on the market.

And the importer is simply the entity that purchased the machine from a third country outside the EU.

In practice, this means that if you purchase a machine from, for example, Asia, and you cannot obtain the complete technical documentation as well as verify that it complies with all requirements in the Machinery Regulation—well, then you are actually not allowed to use or resell it.

So the trick of just asking the non-EU machinery supplier for a 'CE mark', after which they promptly send a dubious declaration, becomes a bit riskier now, if it wasn't already. (If you know, you know 🙂)

Not all of the above is new, and some of these rules currently apply. But personally, I think it is great that it is now crystal clear in the Regulation what the definition of an importer is, and what obligations you have before buying.

Once again, you don't have to turn to guidance documents and local regulations to know the rules. 👏

So this is an area where I personally think the Regulation hits the mark. Our internal EU market should not be flooded with machinery from countries where user safety, instruction manuals, and quality are disregarded. ☝️

So be careful next time you order, for example, a lifting machine or a hydraulic press from outside the EU. It is extremely expensive to CE mark them retroactively. 😛

About the author

Jesper Deleuran Larsen (LinkedIn)

CEO & Founder at Yellow Safety

• _‍FS Eng (TÜV Rheinland) # 33932 / 26 - Safety Instrumented Systems‍
• CMSE® Certified Machinery Safety Expert (TÜV Nord)

Jesper has many years of practical experience in automation, electrical installations, and safety-related control systems. He manages the sales function within the company as well as consultancy tasks regarding European and international regulations and standards. Jesper is the primary presenter for courses and training, serves as the managing director, and is the owner and founder of Yellow Safety.

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_{Disclaimer
The information provided in this blog post is for general informational and educational purposes only. It does not constitute, nor should it be considered, professional engineering advice or technical assistance. For specific projects or concrete machinery installations, obtaining an individual professional evaluation is always recommended. While we strive to keep the information as up-to-date as possible, always verify that all standards, executive orders, regulations, directives, etc., are the latest applicable versions.}