A retrofit, a software update - and as of January 20, 2027, you, as an equipment operator, could become a manufacturer. This means you’ll assume the manufacturer’s obligations for the affected equipment. We’ll assess whether your planned changes constitute a substantial modification and show you how to avoid liability risks. After all, what matters is not whether you make a change, but whether the change is substantial.
Key points at a glance:
- Only 3 months left:
The new EU Machinery Regulation takes effect on January 20, 2027 - From operator to manufacturer:
Substantial changes can trigger manufacturer obligations. - Typical changes:
Modifications to safety devices and updates can be classified as significant changes. - Risk assessment to avoid unintended manufacturer obligations:
Evaluate changes early on and plan necessary adjustments
Be honest: Do you know what the new EU Machinery Regulation means for you?
At trade shows and in conversations with operators of our surface treatment systems over the past few weeks, we’ve noticed that while most people are familiar with the new EU Machinery Regulation, they’re largely unaware of its implications. Yet now is exactly the right time to prepare for planned changes so that you, as an operator, don’t end up facing manufacturer liability. In this article, we’ll explain what you need to know and how to make this happen.
“Most operators we’ve spoken with aren’t yet aware that even the smallest changes to safety guards or software can affect machine safety. Under the Machinery Regulation, this is precisely what can become a liability risk.”
Oskar Dachtler, Head of CE & Safety at WMV
Good to know: Machinery Regulation (EU) 2023/1230 – What’s changing
The new Machinery Regulation (EU) 2023/1230 replaces the previous Machinery Directive 2006/42/EC. It will apply directly in all EU member states as of January 20, 2027, without first needing to be transposed into national law.
Machinery has changed significantly in recent years. The old directive dates back to a time when machines were hardly connected at all. New and clearly defined regulations therefore include, among other things, increased requirements for cybersecurity, digital components, self-learning systems with AI functions, and digital documentation, such as operating instructions and declarations of conformity.
Important:
There is no grace period. As of January 20, 2027, the new Machinery Regulation applies to new equipment placed on the market or put into service on or after that date, as well as to major modifications to existing equipment. The decisive factor is not the year of manufacture, but the date of delivery or commissioning. A piece of equipment built in 2026 but not delivered until February 2027 must therefore already meet the new requirements.
Who it affects: Operators as well - as soon as they modify their equipment
At first glance, the Machinery Regulation appears to be aimed at manufacturers, importers, and distributors. In fact, it also applies to operators as soon as they modify their equipment. For you as an operator, two parameters are relevant:
- The effective date: January 20, 2027
- Whether your equipment is substantially modified
Specifically: You operate a coating system, cleaning system, or electroplating system from WMV in its original condition. In this case, we are the manufacturer and bear the manufacturer’s obligations, such as those regarding conformity, safety, and documentation of the equipment. However, if you make significant modifications to our system after January 20, 2027, you yourself become the manufacturer and assume those obligations. What matters, therefore, is not how old your system is, but what you intend to do with it.
Substantial or insubstantial: What applies to modifications
Not every modification to a machine makes you, as the operator, a manufacturer. The decisive factor is whether the modification is substantial.
In essence, the regulation states: According to Article 3(16) and Article 18 of the new Machinery Regulation, a significant modification is defined as a physical or digital change that the manufacturer (i.e., us at WMV Systems) did not anticipate and that affects the safety of the machine. This is particularly the case when the modification creates a new hazard or increases an existing risk. A prerequisite is that additional protective measures become necessary as a result, such as additional protective devices or an adjustment to the safety control system.
Examples from real life: What are typical modifications to WMV surface treatment systems?
Typical modifications to WMV systems that we have observed repeatedly in recent years include, for example
- physical modifications, such as the conversion of protective devices
- digital changes such as software updates or modifications
- physical changes such as modifications made by other manufacturers (not WMV) in interlinked systems
The following changes to safety devices can transform you from an operator into a manufacturer:
- You remove fixed safety fences from a system to make the system more accessible, for example, for maintenance purposes.
- You relocate light curtains because they interfere with production processes or frequently trigger machine stoppages.
- Another manufacturer - i.e., not WMV as your general contractor - modifies safety devices in an integrated system.
The following software modifications may be classified as significant changes:
- You install software updates that may alter safety-related functions.
- You - or third-party manufacturers in the case of interlinked systems - modify safety devices independently and adjust their integration into the control software - for example, by reprogramming or deactivating light curtain monitoring.
“Until now, as a manufacturer, we often only noticed physical changes during an on-site visit. While it is not new that such changes can turn operators into manufacturers, the new Machinery Regulation will, for the first time, make this a binding regulation across the EU starting January 20, 2027 - and it explicitly applies to digital changes such as software modifications as well.”
Oskar Dachtler
On the safe side: With the WMV risk assessment - clarity before modification
Our risk assessment reviews planned modifications to existing WMV systems and is part of the development and design of new surface treatment systems. We proceed step by step as follows:
Step 1: Initial Contact
You describe your planned modification or your request for a new system via email to service@wmv.com. A brief description of your project is sufficient.
Step 2: Risk Assessment
Our experts in machine safety, CE compliance, and cybersecurity evaluate your project based on safety-related criteria and classify it as a substantial or non-substantial change.
Step 3: Quote Preparation
If our review determines that your project constitutes a substantial change, you will receive a customized service quote for its implementation. In doing so, we’ll clarify the conditions under which we can assume the manufacturer’s obligations for the modified system while you remain the operator.
For planned updates and modifications: Identify risks, clarify obligations
Are you planning updates or modifications? Then have them reviewed early on to determine how they’ll affect the safety of your system. Together, we’ll clarify which measures are necessary and whether the changes will result in manufacturer obligations. There’s still plenty of time until January 20, 2027, but not for much longer.
Tell us about your retrofit plans at service@wmv.com
Oskar Dachtler
Head of CE & Safety at WMV
Oskar Dachtler is Head of CE & Safety at WMV. Since 2020, he has been combining the areas of occupational safety and product safety at our company.
His goal: To help shape the operational safety of networked systems and protect their safety-critical functions from cyberattacks.
His areas of focus: Cybersecurity, occupational safety, CE compliance, and technical writing, as well as quality, health, safety, and environmental protection (QHSE).
His perspective: He views connected systems through the lens of occupational safety, machine safety, and the protection of safety-critical functions against cyberattacks.