Article 42 of Machinery Regulation 2023/1230: coordination between notified bodies

Article 42 of Regulation (EU) 2023/1230 requires the European Commission to ensure appropriate coordination and cooperation between notified bodies, through the creation of a sectoral group of notified bodies specific to the Machinery Regulation. In practice, this means that conformity assessment criteria must be made consistent across bodies, reducing the risk that two notified bodies interpret the same essential safety requirements differently for the same category of machinery.

What is the sectoral group of notified bodies?

It is the coordination structure promoted by the European Commission to bring together all notified bodies within the framework of the Machinery Regulation, regardless of which Member State designated them. Its function is to serve as a technical forum where conformity assessment criteria are discussed, approaches to borderline cases are compared (for example, machinery with AI functions that modify their behaviour after being placed on the market), and common practical guidance is generated for the whole Union.

This sectoral group does not replace the general coordination provided for under other EU harmonisation legislation; rather, it specialises exclusively in the field of machinery and related products regulated under Article 2 of Regulation 2023/1230.

Why is this coordination necessary?

Before the new Regulation entered into force, each notified body applied, within its own Member State, conformity assessment criteria that did not always coincide with those of bodies in other countries. This created a risk of "forum shopping" — manufacturers seeking out the body with the most lenient criteria — and unequal treatment between economic operators manufacturing equivalent products. Article 42 addresses this problem by imposing on the Commission the obligation to ensure that a permanent and functional coordination space exists.

The harmonisation of criteria between notified bodies has direct consequences for manufacturers: greater predictability in conformity assessment procedures, less variability in timelines and required technical documentation, and a more uniform interpretation of the essential safety requirements set out in Annex III of the Regulation.

Who must participate in the sectoral group?

Article 42 establishes that notified bodies themselves must participate in the sectoral group, either directly or through designated representatives. This implies an active obligation to participate, not a mere discretionary option: a notified body that disregards sectoral coordination would be failing to meet one of the implicit conditions of its designation under the Machinery Regulation.

The Commission acts as the guarantor that this structure is "established and properly operated", which grants it an active supervisory role over the quality of the group's functioning, beyond merely convening meetings.

How does this affect manufacturers working with different notified bodies?

For a manufacturer producing different ranges of machinery and working with several notified bodies in different Member States, the harmonisation of criteria reduces documentary uncertainty: the required technical file, the interpretation of the required tests, and the acceptance criteria for equivalent technical solutions should progressively converge. This does not eliminate differences in technical criteria between bodies immediately, but it establishes the institutional framework for such differences to be reduced over time.

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Case study: Maquinària Bassols S.L.

Maquinària Bassols S.L., a manufacturer of agricultural machinery based in Vic (Barcelona), works with two notified bodies: one in Spain for its harvester line and another in Germany for its new range of autonomous mowing robots with integrated AI components. In 2026, the company's quality department found that the German body required a technical file 30% more extensive than the Spanish one for a machine of equivalent risk, causing delays of up to 6 weeks in certifying the range exported to Germany. With the full application of Regulation 2023/1230 from January 2027 and the consolidation of the sectoral group provided for in Article 42, the company expects both bodies to align their documentary requirements, reducing the average certification time from 14 to 9 weeks for its range of 12 agricultural machinery models.

Does the Article 42 sectoral group have the power to sanction a notified body?

No. Article 42 creates a forum for coordination and harmonisation of criteria, not a sanctioning body. The powers to withdraw or restrict the designation of a notified body rest with the national notifying authorities, in accordance with other articles of the Regulation concerning the obligations of those authorities.

Is it mandatory for a notified body to participate in the sectoral group?

Yes. Article 42 requires notified bodies to participate, either directly or through designated representatives. This is not a voluntary option, but a condition linked to the proper functioning of the conformity assessment system provided for in the Regulation.

What is the difference between this sectoral group and the general coordination of notified bodies under other harmonisation legislation?

The sectoral group provided for in Article 42 is specifically dedicated to the field of machinery and related products regulated by Regulation 2023/1230, unlike other horizontal notified-body coordination mechanisms that cover multiple Union harmonisation legislations transversally.

From when must this sectoral group be operational?

Regulation 2023/1230 applies in full from 20 January 2027, from which date the obligations of the Commission and of notified bodies arising from Article 42 take full effect, in line with the rest of the Regulation's conformity assessment system.

Can a manufacturer require its notified body to apply the criteria agreed within the sectoral group?

A manufacturer may raise with its notified body any divergence in criteria it detects compared with other bodies, invoking the harmonisation objective pursued by Article 42. However, the direct legal obligation to coordinate rests with the Commission and with notified bodies among themselves; it does not constitute a subjective right directly enforceable by the manufacturer before the courts.

What kind of decisions are harmonised within this sectoral group?

Fundamentally, conformity assessment criteria: interpretation of the essential health and safety requirements, the scope of the required technical documentation, and approaches to assessment procedures applicable to categories of machinery with particularly high risk, such as those listed in Annex I of the Regulation.