Belgium has published a new royal decree repealing the decree of 12 August 2008. That earlier decree governed the declaration of conformity and conformity assessment bodies for machinery and formed Belgium’s transposition of the Machinery Directive 2006/42/EC. The new decree instead implements EU Machinery Regulation 2023/1230, which replaces the old directive across the EU.
From Directive to Regulation
The distinction between a directive and a regulation is crucial here. A directive, such as the former Machinery Directive 2006/42/EC, first had to be transposed into national law by each member state before it took effect — hence the Belgian decree of 2008. A regulation, such as the new Machinery Regulation 2023/1230, is by contrast directly binding in every member state, without any national transposition legislation. This means the technical requirements for machinery are now identical and directly applicable across the entire EU. Belgium’s notified bodies and competent authorities continue to exist, however: they retain oversight of compliance at national level, even under the new regime.
Phased Entry into Force
The transition proceeds in stages. On 17 September 2026, the day after publication in the Belgian Official Gazette, the provisions establishing Belgium’s authorities and procedures entered into force. On 20 January 2027, the 2008 decree will be fully repealed. A day later, on 21 January 2027, the EU Machinery Regulation 2023/1230 itself becomes directly binding across the entire European Union. This phased approach gives notified bodies, competent authorities and manufacturers time to adapt their procedures before the full regulatory regime takes effect.
What Does This Mean for Manufacturers?
Although this is a Belgian royal decree, its impact extends far beyond Belgium alone. Because the underlying Machinery Regulation 2023/1230 is directly binding in all EU member states, machinery manufacturers and importers across the entire European Union must prepare for the same new requirements, regardless of which member state they operate in. Those placing machinery on the Belgian market would do well to closely track the transition deadlines through January 2027.
Context
Machinery Regulation 2023/1230 adds new requirements, compared with the old Machinery Directive 2006/42/EC, for machinery with self-learning or AI-driven software, and tightens cybersecurity requirements. Manufacturers integrating such systems must therefore account for additional risk assessments in this area. (Further researched: Samodi — Machinery Regulation 2023/1230)
Source: Nieuw KB mbt de conformiteitsverklaring en conformiteitsbeoordelingsinstanties voor machines heft KB uit 2008 op, 21 September 2026
