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Supplementary Provisions to the EU Machinery Regulation Issued by Romanian Government

This blog was originally posted on 16th October, 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

Romania is the third Member State (together with Denmark and Germany) to issue supplementary provisions to the Machinery Regulation (EU) 2023/1230.

The supplementary provisions are outlined in Decision No. 933/2024, which covers the below aspects.

Language Requirements

Information in the Romanian language must be provided when the EU Regulation uses the expressions “language easily understood”, “language that can be easily understood” or “language or languages required by the Member State”. Accordingly, the following information must be provided in Romanian:

Contact details of the manufacturer of partly completed machinery, assembly instructions of partly completed machinery, and information and documentation to be provided by manufacturers of partly completed machinery at request of the authority to demonstrate conformity, as per Article 10(6), (7) and (10) respectively;
Contact details of the importer of machinery, and information and documentation to be provided by importers of machinery at request of the authority to demonstrate conformity, as per Article 13(3) and (9) respectively;
Contact details of importers of partly completed machinery, and information and documentation to be provided by importers of partly completed machinery at request of the authority to demonstrate conformity, as per Article 14(3) and (8) respectively;
Information and documentation to be provided by distributors of machinery at request of the authority to demonstrate conformity, as per Article 15(6);
EU declaration of conformity, as per Article 21(2);
EU declaration of incorporation, as per Article 22(2).

Notification of Conformity Assessment Bodies

As per Article 4 of the Decision, the Ministry of Labor and Social Solidarity is designated as the competent notifying authority responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies.

Article 7 provides further rules for the designation of conformity assessment bodies by the Ministry.

Market Surveillance

The Labour Inspectorate is appointed as the market surveillance authority and therefore is the designated authority to fulfill the duties arising from the provisions of Chapter VI of the EU Regulation.

Penalties

Articles 12 of the Decision provides a detailed list of cases of non-compliance with the EU Regulation, specifically with Articles 16-19, 21, 22, 24 and 25 concerning obligations of the economic operators – manufacturers, importers, distributors. These violations are subject to the penalties – mainly pecuniary – established in Article 13.

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