What is this article about?
Who doesn’t know the standard program “ Die Feuerzangenbowle ” on St. Nicholas Day at universities in Germany?
“Today we have the steam engine. What is a steam engine? Let’s pretend to be stupid and say a steam engine is a large, round, black room. The large, round, black room has two holes. The steam comes in through one hole, and we’ll make the other hole later. “.
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More InformationIn the pre-war film classic “ Die Feuerzangenbowle ” a short and concise explanation of a machine is given in school lessons.
What is a machine? Let’s imagine it as stupid as in that old movie, shall we? No, it’s not that simple. In reality, it can actually be complicated and pose a host of problems if you can’t answer the question ” What is a machine? ”
The “definition of machine” currently comes from the Machinery Directive 2006/42/EC and, from January 20, 2027, from the Machinery Regulation 2023/230.
Many disputes in court are about: Is it a machine? If so, what kind of machine is it? This article briefly discusses the definition of a machine. At the end, the reader should be able to answer the question
“What is a machine?”
can be answered.
Legal basis
The legal basis of the Machinery Directive 2006/42/EC and the Machinery Regulation (EU) 2023/1230 arises from EU internal market law, in particular from the objective of ensuring the free movement of goods and a high level of health and safety protection. They primarily affect manufacturers, operators, and consumers – albeit with different obligations and rights.
Against this background, it is important to clarify:
“What is a machine?”
The Machinery Regulation (EU) 2023/1230 will be binding from January 20, 2027. Until then, the Machinery Directive 2006/42/EC will continue to apply.
What is a machine?
The definitions under Regulation (EU) 2023/1230 and Directive 2006/42/EC differ in nuances.
Definition of machine according to Machinery Regulation (EU) 2023/1230 (from 20 January 2027)
Article 3 defines the definition of machinery.
The term “machine” means:
- an assembly of interconnected parts or devices, at least one of which is mobile, fitted with or intended to be fitted with a propulsion system other than directly applied human or animal power, which is fitted together for a specific application;
- an assembly as defined in point (a) which lacks only the parts connecting it to its place of use or to its sources of energy and propulsion;
- a ready-to-install assembly within the meaning of points (a) and (b) which is only operational after being mounted on a means of transport or installed in a building or structure;
- an assembly of machinery as defined in points (a), (b) and (c) or of partly completed machinery which, in order to work together, is arranged and operated in such a way that it functions as a whole;
- an assembly of interconnected parts or devices, at least one of which is movable, which are fitted together for lifting operations and whose sole source of power is directly applied human effort;
- a whole within the meaning of letters a) to e) which only lacks the installation of software intended for the specific application intended by the manufacturer.
In contrast to the definition of machinery under the Machinery Directive 2006/42/EC, which is valid until 19 January 2027, the Machinery Regulation 2023/1230 clarifies that a machine is also a machine if all of the following conditions are met:
- The requirements set out in points (a) to (e) are met.
- All that is missing is the installation of software intended for the specific application intended by the manufacturer.
Definition of machine according to Machinery Directive 2006/42/EC (until 19 January 2027)
The machine is defined by five points to be considered.
According to Article 2a), the term ‘machinery’ means:
- an assembly of interconnected parts or devices, at least one of which is mobile and which are fitted with or intended to be fitted with a propulsion system other than directly applied human or animal power, and which are fitted together for a specific application;
- an assembly within the meaning of the first indent, lacking only the parts connecting it to its place of use or to its sources of energy and propulsion;
- a ready-to-install assembly within the meaning of the first and second indents which is only operational after being mounted on a means of transport or installed in a building or structure;
- an assembly of machinery as defined in the first, second and third indents or of partly completed machinery as defined in point (g) which, in order to work together, are arranged and operated in such a way that they function as a whole;
- an assembly of interconnected parts or devices, at least one of which is movable, which are fitted together for lifting operations and whose sole source of power is directly applied human effort.
Key machine features
Irrespective of the Machinery Regulation 2023/1230 and also the definition of machine according to the Machinery Directive 2006/42/EC, the essential characteristics of a machine are:
-
- Assembly of components with at least one moving part,
- Propulsion system (other than direct human or animal power),
- specific functional fulfillment.
Types of machines
A distinction is made between the
- complete machine and the
- partly completed machinery (partial machinery),
- interchangeable equipment,
- safety components,
- load handling equipment and
- Chains, ropes, belts and
- removable cardan shafts.
Machine definition: Addition to the Machinery Regulation 2023/1230
The Machinery Regulation 2023/1230, which will apply from 20 January 2027, also defines the “ safety function ”.
This is an extension of the definition according to DIN EN ISO 13849-1, which states that the safety function eliminates a risk where appropriate and not just reduces it.
Machine Definition: Yes, it is a machine
If, after a technical inspection, it is determined that a machine is within the meaning of the definition of machine either according to the Machinery Directive 2006/42/EC or according to the Machinery Regulation 2023/1230, this has consequences for the manufacturer and operator.
Requirements for the machine
The currently valid Machinery Directive 2006/42/EC may still be applied until January 19, 2027. From January 20, 2027, the application of the Machinery Regulation 2023/1230 will be mandatory. It is strongly recommended that machine manufacturers familiarize themselves with the requirements of the Machinery Regulation 2023/1230 now.
Basic requirements of the Machinery Regulation 2023/1230
The new requirements are set out in Annex III (formerly Annex I of the Directive). Modernized and new requirements are
- Safety and health protection
Furthermore, the basis is: protection against mechanical, thermal and electrical risks.
- Digital security
- Cybersecurity: Protection against manipulation and attacks on control systems.
- Software updates must be carried out securely.
- Artificial intelligence / autonomous functions
New requirements for learning, autonomous and AI-based machines must be taken into account.
- Human-Machine Interaction
Clear requirements for the human-machine interface (HMI) are defined.
- Remote access and remote control
Requirements for safe remote control and maintenance exist.
- Machinery with significant risk (Annex I Part A)
Stricter conformity procedures now apply here (notified body is mandatory).
- Digital documentation
The operating instructions may be provided digitally, but paper versions are available upon request.
Essential requirements of the Machinery Directive 2006/42/EC
The essential requirements are set out in Annex I of the directive. They must be implemented by January 19, 2027. The basic requirements are:
- Safety during operation
- Protection against mechanical, electrical and thermal risks.
- Emergency stop devices, protective covers, safe controls.
- ergonomics
- User-friendly design, consideration of human factors.
- Maintenance security
- Safe access for inspection, maintenance and cleaning.
- Safety in the event of disruptions
- The machine must remain safe in the event of errors (fail-safe).
- Information and labeling
- Operating instructions, CE marking, type plate with manufacturer data.
- Protection against special hazards
- Chemical, electrical, noise, vibration, explosion or radiation hazards.
The requirements apply to complete machinery, partly completed machinery, safety components, interchangeable equipment, etc.
Relevance of the Machinery Regulation (EU) 2023/1230 (from 2027) and the Machinery Directive 2006/42/EC (until 2027) in practice
The Machinery Directive 2006/42/EC (until 2027) and the Machinery Regulation (EU) 2023/1230 (from 2027) are particularly relevant in practice for several stakeholders along the life cycle of a machine. Table 1 provides an overview.
| Group | Obligations/Relevance |
|---|---|
| Manufacturers | Technical safety, CE marking, declaration of conformity |
| Operators | Safe use, maintenance, training, risk assessment |
| Dealers / Importers | Testing for complete and safe products |
| System Integrators | Responsibility for modifications or assembly of multiple machines |
| Authorities | Monitoring, testing, market interventions |
Special groups
From experience with real problems and numerous legal disputes in the field of machinery safety / Machinery Directive, problems after successful testing of the “definition of machine” particularly concern
- Manufacturer
- Importers and dealers
- Distributors and system integrators.
Why is that?
- Manufacturer:
They bear primary responsibility for ensuring that a machine complies with applicable requirements. They must ensure conformity, affix a CE marking, and provide the technical documentation.
They bear a high legal responsibility. Failure to comply may result in liability and fines. Access to the EU internal market is only possible if the regulation/directive is complied with.
- Importers and dealers
There are situations in which they can partially assume manufacturer obligations. Thus, they may share responsibility for compliance. This also applies to any product recalls in the event of defects and/or potential fines.
- Distributors and system integrators
This is often a classic problem in reality. Very often, companies are no longer even aware that they have “suddenly” become the distributor of a (new) machine. It is important that one often
Manufacturer of a machine in the legal sense
will be when you
several machines are combined into one system and incomplete machines are also added.
Even when converting machines, you can then become the new manufacturer within the meaning of the directive/regulation and must then prove conformity.
This case also entails a high level of technical and legal responsibility. Any changes in this case require a reassessment of security.
Curious real example of a machine
Many years ago, I served as a court expert witness in a technical dispute before a regional court that originated in a church. The church had beautiful, old chandeliers.
The pastor wanted them cleaned as frequently as possible because he believed they were getting dusty too quickly. However, it was always a lot of work and expensive to have cleaning companies work directly under the church roof. So, an inventive craftsman came up with the idea of installing a cable winch for each chandelier on the church roof. This would make it easy to clean the various chandeliers. They could be manually lowered near the church floor using the cable winch and raised again after cleaning.
However, in this ingenious construction, a machine suddenly and unexpectedly emerged.
The “definition of machine” is fulfilled.
- connected parts,
- at least one movable,
- intended for lifting operations,
- Drive type:
- directly applied human power
It is hard to believe that a machine was developed for ordinary people and craftsmen, for which a CE conformity procedure according to the Machinery Directive was necessary.
This example shows how important it is to know what you are doing in the area of machines when you change a design or perhaps even, without knowing it, have manufactured a new machine.
Conclusion
This article provides a practical and legally sound explanation of how the term “machine” is defined in the current Machinery Directive 2006/42/EC and the future Machinery Regulation (EU) 2023/1230. It becomes clear that even seemingly simple constructions can be considered machines – with far-reaching legal consequences.
The key point is that a machine is more than just a technical device—it is a legally relevant product whose design, operation, and placing on the market entail clear legal obligations. The article shows that manufacturers, importers, distributors, and system integrators, in particular, need to know whether they are manufacturing or significantly modifying a machine—because then they are considered “manufacturers in the legal sense” with full responsibility for safety, conformity, and CE marking.
The upcoming Machinery Regulation 2023/1230 (from January 20, 2027) significantly expands the requirements – for example, to include aspects such as cybersecurity, AI, digital documentation and autonomous functions.
The curious example of a manually operated cable winch for a church chandelier shows how quickly one can inadvertently build a machine that complies with the directive—with mandatory CE certification. Therefore, it’s important to know:
What is a machine?
The core message is: Anyone who designs something that meets the definition of a machine must know and implement the resulting legal requirements – otherwise they face liability, market bans or fines.
