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Germany Proposes Draft Law to Implement the EU Machinery Regulation

This blog was originally posted on 12th August, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY EMILIA ASSENZA, SENIOR TEAM LEADER AND REGULATORY COMPLIANCE SPECIALIST, COMPLIANCE & RISKS

Introduction

On 11 July 2024, the German Federal Ministry of Labor published a draft Law which aims to adapt the national law to the Machinery Regulation (EU) 2023/1230.

Germany is one of the first Member States to publish supplementary legislation to the Machinery Regulation (together with Denmark, see here) for certain EU provisions which require to be specified at national level, especially with regard to language requirements, market surveillance and penalties.

Language Requirements

The following documents must be provided in the German language:

Instructions for use and the information set out in Annex III of the EU Regulation;
Safety information;
The EU Declaration of Conformity.

If the instructions for use are provided in digital format, the information on how to access the digital instructions must be provided in German.

For partly completed machinery, the following documents must be provided in German language:

Assembly instructions;
The EU Declaration of Incorporation.

If the assembly instructions are provided in digital format, the information on how to access the digital assembly instructions must be provided in German.

Notification of Conformity Assessment Bodies and Market Surveillance

The notification of conformity assessment bodies pursuant to Chapter V of the EU Regulation must be carried out in accordance with the provisions of the Product Safety Act – in particular its Article 10 and Sections 3 and 4.

Market surveillance authorities are entitled to check compliance of products on the basis of appropriate samples in accordance with Article 25 of the Product Safety Act.

The draft also specifies the measures to be taken by market surveillance authorities in case of non-compliance as per Article 43 of the EU Regulation.

Penalties

Administrative offenses in case of non-compliance with the provisions of the EU Regulation are listed in Article 8 of the draft. In the cases referred to in numbers 11, 18, 21, 25 and 26, the administrative offense may be punished with a fine of up to one hundred thousand euros, in the other cases with a fine of up to ten thousand euros.

Furthermore, Article 9 establishes that whoever intentionally and persistently repeats a violation of the cases referred to in numbers 11, 18, 21, 25 or 26 or who endangers the life or health of another person or another person’s property of significant value through such an intentional act shall be punished with imprisonment of up to one year or with a fine.

What’s Next?

If enacted, this law will enter into force on the day after its promulgation. Articles 1, 2 and 4 to 11 shall apply from 20 January 2027. On the same date, the current Machinery Ordinance BGBl. 704, 1993 will be repealed.

Machinery products complying with Ordinance BGBl. 704 which were placed on the market before 20 January 2027 may be made available on the market.

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