Whenever Regulation (EU) 2023/1230 comes up, the first question from anyone managing a machine fleet or trading in used equipment is almost always the same: "Do my existing machines need to be re-certified?"
The short answer is no — but with some important exceptions worth understanding properly.
The basic rule: what was already out there stays out there (Art. 52)
Article 52 of the Regulation sets out a clear principle: anything placed on the market before 20 January 2027 in compliance with the old Machinery Directive 2006/42/EC can continue to circulate freely. No new certification is needed, no documentation needs updating, nothing needs to be done.
This also applies to CE type-examination certificates already issued by certification bodies: they remain valid until their natural expiry date. If a manufacturer obtained a certificate valid until 2030, they can continue producing and selling that machine until 2030 without having to redo the procedure under the new Regulation.
In short: those who were already compliant under the old directive are protected.
Five concrete situations
1. Machine already in use before 20 January 2027
If you have a CNC milling machine that's been in production for three years, compliant with Directive 2006/42/EC, you don't need to do anything. No new documentation, no new CE marking, no visits to the certification body. The machine keeps running.
2. Used machine sold after 20 January 2027
This is where many people get confused. If a machine was placed on the European market before 20 January 2027, it can be bought and sold as used equipment even after that date — without having to comply with the new Regulation. The buyer receives it, installs it and uses it normally.
The only condition: the seller must be able to demonstrate that the machine was placed on the market before 20 January 2027. This means having and passing on to the buyer the original documentation: the CE declaration of conformity, the instructions for use and the machine's identification data. Without that documentation, any future sale becomes much more complicated.
3. New machine from 20 January 2027 onwards
Any new machine placed on the market from 20 January 2027 must fully comply with Regulation 2023/1230. No exceptions.
4. Used machine imported from outside the EU after 20 January 2027
This is the point that surprises people most. If you buy a used machine in Japan, the United States or any non-European country and import it after 20 January 2027, that machine has never "entered" the European market. So it is not protected by the transitional clause.
Whoever imports it must treat it as if it were a new machine: have it assessed, certified, and ensure it meets all the requirements of the new Regulation — regardless of the year it was built. This is something many companies overlook when looking for bargains on the international used machinery market.
5. Substantial modification of an existing machine
The Regulation introduces the concept of substantial modification (Art. 3(16)): any intervention — physical or digital — not anticipated by the original manufacturer, which creates a new hazard or increases an existing risk. Whoever carries out a substantial modification becomes the new manufacturer of the modified machine (Art. 18): new risk assessment, new technical file, new declaration of conformity, new CE marking.
What counts as a substantial modification:
– replacing or upgrading the control system or safety software in a way that changes the machine's behaviour;
– significantly increasing speed, force or other operating parameters beyond the original specifications;
– adding components with safety functions not provided for in the original design;
– changing the intended use in a way that requires new protective measures.
What is not a substantial modification: routine maintenance, replacing spare parts with identical components, software updates that do not affect safety functions.
The used machinery dealer: distributor or manufacturer?
If they sell the machine as is, with original documentation and no significant technical work, they are a distributor: limited obligations. If they intervene technically in a significant way before reselling, or sell under their own brand, they become the new manufacturer with all the resulting obligations (Art. 17).
What to do now
Three practical things to do before 20 January 2027:
1. Collect and organise the documentation for every machine (CE declarations, instructions, nameplate data). Those documents are proof that the machine was already compliant before the Regulation.
2. Define an internal procedure for assessing modifications: every time work is done on a machine, someone must be able to answer the question "is this a substantial modification?"
3. If you import machinery from outside Europe, verify the origin of every purchase before signing. A machine imported after 20 January 2027 must be treated as new, regardless of the year it was manufactured.
This article is intended for informational purposes. For a specific assessment of your company's compliance with Regulation 2023/1230, contact us for a personalised consultation.