Date: 2025-11-06Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 171/2025 of 11 July 2025 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2025/2107]
**Executive Summary**
This is a Decision of the EEA Joint Committee No 171/2025, dated 11 July 2025, amending Annex II to the EEA Agreement to incorporate Regulation (EU) 2023/1230 on machinery, which will repeal Directive 2006/42/EC with effect from 14 January 2027. This decision enters into force on 12 July 2025, after notifications under Article 103(1) of the EEA Agreement have been made.
**Key Points / Main Content**
* **Amendment to Annex II:** Chapter XXIV of Annex II to the EEA Agreement is amended.
* Regulation (EU) 2023/1230 is incorporated after point 1i.
* Directive 2006/42/EC will be removed from point 1c with effect from 20 January 2027.
* **Adaptations to Regulation (EU) 2023/1230:** Specific adaptations are made regarding the terminology used in the incorporated Regulation:
* "Union harmonisation legislation" is replaced with "harmonisation legislation applicable pursuant to the EEA Agreement" in Articles 3(15), 9, point (c) of Article 30(7), section 1.5.7 of Annex III, point (k) of Part A Annex IV, and section 6 of Part A and section 5 of Part B of Annex V.
* Liechtenstein is exempted from collecting and providing data and information referred to in paragraph 5 of Article 6(9).
* "Union legislation" is replaced with "legislation applicable pursuant to the EEA Agreement" in Article 9.
* "Union legal act" is replaced with "legislative act applicable pursuant to the EEA Agreement" in Articles 21(3) and 22(3).
* "Union legal acts" is replaced with "legislative acts applicable pursuant to the EEA Agreement" in Articles 21(3), 22(3), and 44(1), and sections 1.7.1.2., 1.7.4.2. and 2.1.1. of Annex III.
* “Union acts” shall be replaced by the words "legislation applicable pursuant to the EEA Agreement" in Article 35(1).
* In Article 49(4), the words "or, as regards the EFTA Surveillance Authority and the EFTA States, legislation applicable pursuant to the EEA Agreement” shall be inserted after the words "Union law”.
* **Authentic Text:** The text of Regulation (EU) 2023/1230, as corrected, in Icelandic and Norwegian, will be published in the EEA Supplement.
* **Entry into Force:** This Decision comes into force on 12 July 2025, provided that all notifications under Article 103(1) of the EEA Agreement have been made.
**Impact Analysis**
**EEA Joint Committee**
* **Impact:** Must ensure incorporation of Regulation (EU) 2023/1230 into the EEA Agreement.
* **Action Required:** Implement the decision as outlined, ensuring correct publication and adherence to the effective date.
**EFTA Surveillance Authority and EFTA States**
* **Impact:** Will need to adjust to the terminology changes regarding "legislation applicable pursuant to the EEA Agreement”.
* **Action Required:** Adapt practices and documentation to reflect the adjusted terminology and understand the exemption for Liechtenstein regarding data collection.
**Liechtenstein**
* **Impact:** Is exempted from collecting and providing data and information referred to in paragraph 5 of Article 6(9).
* **Action Required:** Ensure understanding and implementation of the exemption regarding data collection and provision.
**Stakeholders within the EEA**
* **Impact:** Machinery manufacturers and users need to adapt to the new regulatory landscape introduced by Regulation (EU) 2023/1230 and the eventual repeal of Directive 2006/42/EC.
* **Action Required:** Familiarize themselves with the requirements of Regulation (EU) 2023/1230 and prepare for the eventual change on 14 January 2027.
Key Entities Referenced
EEA Agreement: Agreement on the European Economic Area
Regulation (EU) 2023/1230: Regulation of the European Parliament and the Council on machinery, repealing Directive 2006/42/EC and Council Directive 73/361/EEC
EEA Joint Committee: The decision-making body responsible for managing the EEA Agreement
Directive 2006/42/EC: Directive of the European Parliament and of the Council on machinery
Official Journal EN
of the European Union L series
2025/2107 6.11.2025
DECISION OF THE EEA JOINT COMMITTEENo 171/2025
of 11 July 2025
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2025/2107]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98
thereof,
Whereas:
(1) Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and
repealing Directive 2006/42/EC of the European Parliament and of the Council and Council
Directive 73/361/EEC(1), as corrected by OJ L 169, 4.7.2023, p. 35, is to be incorporated into the EEA Agreement.
(2) Regulation (EU) 2023/1230 repeals, with effect from 14 January 2027, Directive 2006/42/EC of the European
Parliament and of the Council(2), which is incorporated into the EEA Agreement and which is consequently to be
repealed under the EEA Agreement with effect from 14 January 2027.
(3) Annex II to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Chapter XXIV of Annex II to the EEA Agreement is amended as follows:
1. The following is inserted after point 1i (Regulation (EU) 2016/1628 of the European Parliament and of the Council):
‘1j. 32023 R 1230: Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023
on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council
Directive 73/361/EEC (OJ L 165, 29.6.2023, p. 1), as corrected by OJ L 169, 4.7.2023, p. 35.
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following
adaptations:
(a) In Articles 3(15) and 9, point (c) of Article 30(7), section 1.5.7. of Annex III, point (k) of Part A Annex IV,
and section 6 of Part A and section 5 of Part B of Annex V the words “Union harmonisation legislation”
shall be replaced by the words “harmonisation legislation applicable pursuant to the EEA Agreement”.
(b) In Article 6(9), the following subparagraph is added:
“Liechtenstein is exempted from collecting and providing the data and information referred to in
paragraph 5”.
(c) In Article 9, the words “Union legislation” shall be replaced by the words “legislation applicable pursuant
to the EEA Agreement”.
(d) In Articles 21(3) and 22(3), the words “Union legal act” shall be replaced by the words “legislative act
applicable pursuant to the EEA Agreement”.
(e) In Articles 21(3), 22(3) and 44(1), and sections 1.7.1.2., 1.7.4.2. and 2.1.1. of Annex III, the words
“Union legal acts” shall be replaced by the words “legislative acts applicable pursuant to the EEA
Agreement”.
(1) OJ L 165, 29.6.2023, p. 1.
(2) OJ L 157, 9.6.2006, p. 24.
ELI: http://data.europa.eu/eli/dec/2025/2107/oj 1/2EN
OJ L, 6.11.2025
(f) In Article 35(1), the words “Union acts” shall be replaced by the words “legislation applicable pursuant to
the EEA Agreement”.
(g) In Article 49(4), the words “or, as regards the EFTA Surveillance Authority and the EFTA States,
legislation applicable pursuant to the EEA Agreement” shall be inserted after the words “Union law”.’
2. The text of point 1c (Directive 2006/42/EC of the European Parliament and of the Council) is deleted with effect from
20 January 2027.
Article 2
The text of Regulation (EU) 2023/1230, as corrected by OJ L 169, 4.7.2023, p. 35, in the Icelandic and Norwegian
languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 12 July 2025, provided that all the notifications under Article 103(1) of the EEA
Agreement have been made(*).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European
Union.
Done at Brussels, 11 July 2025.
For the EEA Joint Committee
The President
Kristján Andri STEFÁNSSON
(*) Constitutional requirements indicated.
2/2 ELI: http://data.europa.eu/eli/dec/2025/2107/oj