Drives & Controls April 2022

50 n MACHINERY DIRECTIVE April 2022 www.drivesncontrols.com Machinery Directive proposals cause controversy T he current edition of the Machinery Directive dates back to 2006 and many people feel it is due for an update. The directive (2006/42/EC) aims to guarantee the free movement of machinery within the EU, while ensuring a high level of protection for users and other exposed persons. All machines supplied in the European Economic Area (EEA) since 1 January 1995, must comply with the Directive and be safe. The equivalent UK legislation is the Supply of Machinery (Safety) Regulations 2008. On 21 April 2021, the European Commission issued a proposal for a new Machinery Regulation. Since we do not yet have a timescale for its implementation, we must assume that this will not occur before 2023. However, the Machinery Directive – and thus the new Regulation – covers a diverse range of products, and affects manufacturers, users and service providers operating in many industrial sectors. It is therefore important that the new Regulation considers the possible effects on all sectors where it will apply. The main differences in the proposal are: changing the Directive into a Regulation; revising its scope; clarifying some definitions; and updating the provisions and essential health and safety requirements to take new technologies into account. If we focus on the update to consider new technologies, some stakeholders have shown a great deal of interest because the proposed Regulation requires mandatory third-party involvement in the compliance process. This could increase time-to-market and also has cost implications associated with mandatory assessment. But this process could also save time by ensuring that products are fit-for- market and that the design stages are processed thoroughly to ensure that compliance is an intrinsic part of the build and not an afterthought. It appears that the new Regulation will also cover technological developments in machinery and the risks associated with connected and artificial intelligence (AI) systems, the exchange of data between IT and OT systems, and exposure to cyber-attacks, which can compromise the functioning of systems and be a threat to safety. These changes encompass many aspects of technological innovation. Indeed, the new Regulation will continue to cover physical components, but will now also look at digital components or software – specifically the type that carries out safety functions – which will also need to be CE-marked if it is placed on the EU market. Software has therefore been added to the high-risk products listed in Annex I of the new Regulation – formerly Annex IV of the Machinery Directive. From this, we can determine that the new Machinery Regulation may also be applied to systems that use AI and machine-learning technologies, as well as driverless vehicles – such as the AGVs that are replacing some forms of manual handling. There is also a proposal to include a chapter outlining basic safety requirements for robots and connected technologies. It is widely feared that the proposed legislation will hold back robotic innovation, with particular concerns over the fact that robotics is a growth technology. For example, if not brought into effect correctly, the legislation could have a negative effect on many SMEs and users that rely on robots and AI to automate critical operations and overcome labour shortages. But, if implemented correctly, it could offer SMEs – which usually have fewer in-house compliance resources – and end-users, the reassurance of a designated approach to safety compliance. This will allow SMEs to focus on innovation, product development and production costs. Differences of opinion are emerging between SMEs and third-party compliance businesses as to where the balance lies between technological advancement and product safety. No one wants to hold back development and growth, and this is why it is vital that all stakeholders take responsibility for placing products on the market that may cause harm or damage. The ultimate question is:“What value do we place on ensuring people are safe?”– which is another debate! The Machinery Directive has not been revised for around 15 years and many people believe it is due for an update. But proposals for a newMachinery Regulation, issued by the EC last year, have caused controversy. Paul Taylor, business development director for industrial services at the product testing and certification organisation TÜV SÜD, explains.