Machinery Regulation 2023/1230: what changes for robots in January 2027

01The dates that matter

Regulation (EU) 2023/1230 on machinery was published in the Official Journal on 29 June 2023. A corrigendum published on 4 July 2023 corrected its dates: the regulation applies from 20 January 2027, not 14 January 2027 as first printed.

Products placed on the market in conformity with Directive 2006/42/EC before 20 January 2027 can still be made available afterwards (Article 52). EC type-examination certificates issued under the directive remain valid until they expire.

02A regulation, not a directive

Directive 2006/42/EC had to be transposed into national law. The new text is a regulation: it applies directly, in the same words, in every member state.

The principle does not change. The manufacturer carries out a risk assessment, designs the machine to meet the essential health and safety requirements of Annex III, follows a conformity assessment procedure, draws up the technical documentation, signs the EU declaration of conformity and affixes the CE marking.

03Autonomous mobile machinery

Annex III defines autonomous mobile machinery as mobile machinery with an autonomous mode in which all the essential safety functions are ensured in its travel and working area without permanent interaction of an operator. Delivery robots, cleaning robots and warehouse AMRs are typical examples.

• Supervisory function (section 3.2.4): where relevant, the machine has a remote supervisory function for the autonomous mode. It lets a supervisor receive information and alerts and only stop, start or move the machine to a safe position. If the supervisory function is not active, the machine cannot operate.
• Safety by the machine itself (section 3.3): the control system performs its safety functions on its own, even when actions are ordered remotely.
• Area of movement: the machine either works in an enclosed zone with guards or protective devices, or detects people, domestic animals and other obstacles in its vicinity, or both, according to the risk assessment.
• Wireless control (section 1.2.1): a failure of the communication or the connection must not lead to a hazardous situation.

04Self-evolving behaviour and AI safety functions

The regulation addresses machines whose behaviour or logic evolves, fully or partially, and that operate with varying levels of autonomy. The risk assessment must cover hazards that may arise during the lifecycle as an intended evolution of that behaviour.

• Such a machine must not perform actions beyond its defined task and movement space, and it must be possible at all times to correct it to maintain its inherent safety (section 1.2.1).
• Data on the safety-related decision-making process of software-based safety systems are recorded and kept for one year, only to demonstrate conformity at the reasoned request of a national authority.
• The human-machine interface is adapted to the operators and, where relevant, the machine communicates its planned actions in a comprehensible way (section 1.1.6).
• Safety components with fully or partially self-evolving behaviour using machine learning that ensure safety functions, and machinery with such embedded systems, are listed in Annex I, Part A. For them a notified body must take part in the conformity assessment: EU type-examination followed by internal production control, full quality assurance or unit verification (Article 25(2)).

05Software, connectivity and protection against corruption

Section 1.1.9 of Annex III asks that connecting another device, directly or remotely, does not create a hazardous situation. Software and data critical for compliance are identified and protected against accidental or intentional corruption, and the machine collects evidence of legitimate or illegitimate interventions in that software or its configuration.

The machine identifies the software installed on it that is necessary to operate safely and can show that information at all times. Under section 1.2.1, a tracing log of interventions and of the safety software versions uploaded after the machine is placed on the market is kept for five years, again only for the authorities.

06Instructions and the EU declaration of conformity

• Instructions for use may be supplied in digital format. At the request of the user at the time of purchase, the manufacturer provides them on paper free of charge within one month.
• For machinery that non-professional users may use, the safety information essential for putting into service and safe use is always supplied on paper.
• The machine is accompanied by the EU declaration of conformity, or the instructions give the internet address or machine-readable code where it can be read. A digital declaration stays online for the expected lifetime of the machine and at least 10 years.

07Who does what: manufacturer, importer, distributor, operator

08AI Act and GDPR

The AI Act, Regulation (EU) 2024/1689, treats an AI system as high-risk when it is a safety component of a product covered by the EU legislation listed in its Annex I, which includes machinery, and that product needs a third-party conformity assessment. Under Article 113, those obligations apply from 2 August 2027. Check the current consolidated text on EUR-Lex, because dates can be amended.

A robot whose cameras can identify people processes personal data under the GDPR. The operator needs a legal basis, informs staff and visitors, and limits how long images are kept.

09What to check on a robot ordered this year

1. Ask when the unit will be placed on the EU market. A unit placed on the market from 20 January 2027 must comply with the regulation, even if it was ordered in 2026.
2. Read the EU declaration of conformity: which legislation and which standards it cites.
3. For a safety function based on machine learning, ask whether a notified body took part and which certificate covers it.
4. Ask how software updates are delivered, logged and identified on the robot.
5. Ask whether the instructions are digital, and request paper at purchase if you need it.
6. Document what the robot's cameras and maps record, for your GDPR register.

Robot Distribution checks the CE marking and the EU declaration of conformity of every robot before delivery, and is reviewing its catalogue model by model for January 2027.