EU Machinery Regulation to impact rental

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15 August 2022

A change of status in the EU’s framework on machinery from ‘Directive� to ‘Regulation� will entail updates relevant to rental firms, according to the European Rental Association (ERA).

The draft machinery regulation � which could come into force as early as 2023 - covers new technologies such as artificial intelligence and cybersecurity.�

Caption: Flags of the European Union in front of the Berlaymont building in Brussels, Belgium. (PHOTO: Reuters / Santi Rodriguez / Alamy.)

It will also clarify definitions and scope relevant to rental; for example, distributors are defined as ‎anyone who places machinery on the market or puts it into service - which includes rental companies.

The regulation will ‎also update the list of high-risk machines - and it introduces the concept of “substantial modification� which defines conditions under which a renovated ‎machine is not considered a new or different one.�

Another change relates to instruction manuals, with the regulation allowing for digital-only instructions, in a move designed to save costs for manufacturers and rental companies.�

Sustainability requirements are not in the scope of the draft regulation, however.

The European Commission proposed to revise the EU Machinery Directive and replace it with ‎Machinery Regulation in April 2021; the move is expected to reinforce uniform application and implementation of the ‎legislation across the EU.

The Directive - established to ensure machines are designed and manufactured for safety in “normal use� and to ‎‎eliminate the need for additional checks if the piece is moved to another EU member state - has to be transposed into national law to be implemented in each EU member state.

By contrast, “EU regulations are directly applicable across the EU without national transposition. ‎They have binding legal force throughout every member state and enter into force on a set date in all member ‎states,� a statement from ERA confirmed.

It is understood regulation ‎could enter into force as early as 2023, after which there will be an additional 30 or 48 months before it is applied.�

ERA confirmed its Technical Committee is proactively following the issue of Machinery Regulation.

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