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What applies to existing machinery from 2027?

Existing machinery keeps its legal status: anything lawfully placed on the market before 20 January 2027 does not have to be reassessed or re-marked under the Machinery Regulation. The duties of the operating company under occupational safety law are untouched by this, and a substantial modification after the deadline creates a new machine, which is then subject to the Machinery Regulation.

Contents

Does existing machinery need new CE marking from 2027?
Which duties do I have as an operating company regardless of the deadline?
When does my existing machine legally become a new machine?
What should I still do before the deadline?

Does existing machinery need new CE marking from 2027?

No.

What counts is the moment of placing on the market. A machine lawfully made available on the market before 20 January 2027 remains conform, assessed under the law that applied at that time.

There is no duty to retrofit, no duty to carry out a new risk assessment under the Machinery Regulation and no duty to change the rating plate.

That legacy status ends, however, where you intervene yourself. A substantial modification legally creates a new machine, and that machine is assessed under the law applicable at the time of the modification. From 20 January 2027 that is the Machinery Regulation.

Which duties do I have as an operating company regardless of the deadline?

✓ Workplace risk assessmentFor every work equipment item, regardless of CE marking and year of construction. It concerns the specific use at the workplace.

✓ Safe use in line with the state of the artOccupational safety law requires safe work equipment, not the condition of 30 years ago but an evaluation against today's knowledge.

✓ Recurring inspectionsType, scope and intervals follow from the workplace risk assessment, in part from specific legislation.

✓ Instruction of staffBefore first use and regularly afterwards, and again whenever something changes.

✓ Keep the instructions for use availableThe manufacturer's instructions have to be accessible to staff. If they are missing, the operating company has to provide the necessary information itself.

✓ Document modificationsEvery intervention should be recorded traceably. That is the basis for later demonstrating that no substantial modification took place.

When does my existing machine legally become a new machine?

Step 1

Is something changed on the machine that goes beyond repair and replacement with equivalent parts?

YesGo to step 2.

NoLegacy status remains. Document the change anyway.

Step 2

Does this create a new hazard or increase an existing risk?

YesGo to step 3.

NoNot a substantial modification. Update the workplace risk assessment.

Step 3

Can the risk be safely controlled by simple safeguards?

YesNot a substantial modification, provided the measure is effective and documented.

NoSubstantial modification. From 20 January 2027 the Machinery Regulation has to be applied. You become the manufacturer of the new machine.

What should I still do before the deadline?

Place planned conversions and retrofits on the timeline: substantial modifications completed before 20 January 2027 are still assessed under the Machinery Directive.
Check that existing documents are complete: instructions for use and declarations of conformity for existing machinery are hard to obtain later.
Identify installations that were in fact linked up without an overall assessment ever being made.
Settle responsibilities for future changes internally, so that maintenance does not unnoticed trigger manufacturer duties.
For extensions of existing installations, check whether the new part is to be treated as machinery in its own right or as a modification of the existing installation.

Sources and standards

Machinery Regulation (EU) 2023/1230: date of application, Art. 3(16)
German Ordinance on Industrial Safety and Health (BetrSichV), Sections 3 and 4
German Federal Ministry of Labour interpretation paper on substantial modification of machinery
Interpretation paper on assemblies of machinery (BMAS, BAuA, DGUV, VDMA, 2011)

Editions of standards and their harmonised status change continuously. Check standard numbers and editions against the current list in the Official Journal of the EU before applying them. This article is a technical classification and does not replace legal advice.

Frequently asked questions

Do I have to retrofit existing machinery so that it meets the Machinery Regulation?

No. There is no retrofit duty arising from the Machinery Regulation. Independently of that, the workplace risk assessment under occupational safety law may show that protective measures have to be added; that is operator law, not product law.

What applies to second-hand machinery I buy after 2027?

If machinery already placed on the EU market is resold, no new placing on the market occurs. It is different for imports from a third country: the machine is then made available in the EU for the first time and has to meet the requirements applicable at that time.

Does legacy status also cover the instructions for use?

Yes. For existing machinery the requirements that applied when it was placed on the market continue to apply. You do not have to supply instructions according to the new requirements of the Machinery Regulation.

What happens if I link an existing machine with a new one?

Check whether this creates an assembly of machinery. If it does, you need a risk assessment and declaration of conformity for the whole installation; the existing machine keeps its own marking.

Heinrich Knutas

Machinery safety engineer

Founder of Kaidoc.app · CEO of Knutec.de · LinkedIn

Has been guiding CE projects in machinery, plant and special purpose engineering for years. That work led to Kaidoc.app, a software for standards-based CE documentation. Through Knutec.de the same work is available as a personal service.

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This article was produced with AI assistance and reviewed for technical accuracy before publication. Editorial responsibility within the meaning of Art. 50(4) of the AI Act (EU) 2024/1689 lies with Heinrich Knutas.

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From the Machinery Directive (MD) to the Machinery Regulation (MR): what changes from 2027? When does a conversion become a substantial modification and need new CE marking? Who becomes the manufacturer of an installation: the operating company, the integrator or the main contractor?