29.6.2023 EN Official Journal of the European Union L 165/1 1 (Legislative acts) REGULATIONS 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 (Text with EEA relevance) Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee (I), Acting in accordance with the ordinary legislative procedure (2), Whereas: Directive 2006/42/EC of the European Parliament and of the Council (3) was adopted in the context of estab (1) lishing the internal market, in order to harmonise health and safety requirements for machinery in all Member States and to remove obstacles to trade in machinery between Member States. (2) The machinery sector is an important part of the engineering industry and is one of the industrial mainstays of the Union economy. The social cost of the large number of accidents caused directly by the use of machinery can be reduced by inherently safe design and construction of machinery and by proper installation and maintenance. (3) Experience with the application of Directive 2006/42/EC has shown inadequacies and inconsistencies in the product coverage and conformity assessment procedures. It is therefore necessary to improve, simplify and adapt the provisions set out in that Directive to the needs of the market and provide clear rules in relation to the framework within which products within the scope of this Regulation may be made available on the market. (4) Since the rules setting out the requirements for products within the scope of this Regulation, in particular the essential health and safety requirements and the conformity assessment procedures, need to be of uniform application for all operators across the Union, and not give room for divergent implementation by Member States, Directive 2006/42/EC should be replaced by a regulation. (5) Member States are responsible for protecting, on their territory, the health and safety of persons, in particular protecting the environment, notably in relation to the risks arising out of the intended use or any y reasonably foreseeable misuse of machinery or related products. For the avoidance of doubt, domestic animals should be considered to include farm animals. () OJ C 517, 22.12.2021, p. 67. (2) Position of the European Parliament of 18 April 2023 (not yet published in the Official Journal) and decision of the Council of 22May2023 (3) Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24). 29.6.2023 L 165/2 EN Official Journal of the European Union (6) Regulation (EC) No 765/2008 of the European Parliament and of the Council (4) lays down rules on the accreditation of conformity assessment bodies, and the general principles of the CE marking. That Regulation should be applicable to products within the scope of this Regulation in order to ensure that those products, which are benefiting from the free movement of goods within the Union, fulfil requirements providing for a high level of protection of public interests such as the protection of the health and safety of persons and, where appropriate, domestic animals and property, and, where applicable, of the environment. Regulation (EU) 2019/1020 of the European Parliament and of the Council (5) sets out rules on market (7) surveillance and control of products entering the Union market. As Directive 2006/42/EC is listed in Annex I However, Regulation (EU) 2019/1020 applies to products within the scope of this Regulation insofar as there are no specific provisions with the same objective, which regulate in a more specific manner particular aspects of market surveillance and enf