Smart Robotics in the EU Legal Framework

This paper aims to unpack the role the newly adopted EU Machinery Regulation plays in ensuring the safety of smart robots incorporating artificial intelligence (AI). Replacing the EU Machinery Directive of 2006, this Regulation signifies a necessary update for safety of machinery, including robots. A central feature of the Regulation is the inclusion of novel and evolving aspects of robotics, such as robot autonomy, and systems with self-evolving behaviour. In addition, it addresses human-robot interaction, which is relevant because the use of robots is currently transitioning from primarily factory settings to everyday human environments. The Regulation mandates manufacturers to conduct comprehensive risk assessments, considering the entire lifecycle of machinery, including their intended evolution and varying levels of autonomy. This paper points out that the new law falls short of comprehensively regulating robots. Nevertheless, safety is a basic human need, so it makes sense initially to focus a regulatory framework for human-robot interaction on safety. However, this focus on safety alone does not address the broader spectrum of regulatory challenges presented by the integration of robots into society. By establishing a minimum safety level for robotics, the Regulation provides an essential foundation for a more comprehensive regulatory framework. Such a framework should gradually evolve in conjunction with technological advancements in robotics.