MEPs on the Committee on the Internal Market and Consumer Protection (IMCO)—in adopting a report by Ivan Štefanec (EPP, Slovakia) on the morning of Tuesday, 3 May—sought to clarify the scope of the regulation on machinery and equipment by imposing stricter requirements on third parties for products that pose a risk to humans, such as machinery equipped with artificial intelligence.
“Users of machinery products from the EU or outside are guaranteed stronger protection with the harmonised health and safety requirements, which now include AI systems with self-determining and evolving behaviour”, the rapporteur was pleased to share in a press release.
We were told that all of the compromise amendments had been voted on. MEPs are thus proposing that the definitions and scope regarding machinery and equipment be clarified; that the transition period be extended from 30 months to 48 months, as the rapporteur hoped would be the case (see EUROPE 12819/9), so as to allow industry to adapt to the changes; and that there be provisions to allow more digital solutions. Likewise, the European Commission’s report shall be published 72 months after the regulation enters into force and not 54 months as envisaged in the European Commission’s proposal.
The AI in question
MEPs replaced, for example, the definition of “high-risk machinery products” with the wording “categories of machinery products subject to a specific conformity assessment procedure”.
A source explained to us that the idea is to make it clear that machinery and equipment are not high risk by default but that they may have the potential to be high risk in certain situations. “Since AI is not in and of itself dangerous, but it can be potentially harmful”, our source confirmed.
Parliamentarians changed certain product categories: for instance, machinery that uses artificial intelligence (listed in Annex I, Part A) must be subject to stricter conformity assessment procedures, which must be carried out by a third party. For other products (listed in Annex I, Part B), they agreed that the manufacturers could carry out the conformity assessment themselves.
In order to enable the regulation to enter into force more quickly, MEPs have decoupled this regulation from the legislative proposal on artificial intelligence.
MEPs specified the criteria for determining which machinery products should be subject to specific conformity assessments. The European Commission can adapt the classification by means of delegated acts according to the latest technological and scientific developments.
The text adopted by the IMCO Committee will be presented at the beginning of the plenary session this coming 18 May.
Work is on track on the EU Council’s side of things. An agreement is expected to be submitted to ambassadors soon.
To read the compromise amendments: https://aeur.eu/f/1gk (Original version in French by Pascal Hansens)