Article 52 Machinery Regulation: Transitional Provisions and Validity of 2006/42/EC EC-Type Certificates
How do the transitional provisions of Article 52 apply to existing machines and certificates? Under Article 52(1) of Regulation (EU) 2023/1230, EC type-examination certificates and approval decisions issued under Directive 2006/42/EC remain valid until their expiration date or up to a maximum of 5 years from issuance, unless they expire sooner. However, Article 52 does not exempt manufacturers from complying with Regulation 2023/1230: any machine placed on the EU market on or after 20 January 2027 must satisfy the Essential Health and Safety Requirements of the new Regulation and feature an EU Declaration of Conformity citing Regulation (EU) 2023/1230.
Detailed analysis of Article 52 transitional provisions: certificate validity cutoff dates, inventory clearance, and managing the 20 January 2027 switchover.
Technical Specifications & Regulatory Comparison Matrix
| Scenario | Governing Legislation | Declaration of Conformity | Legal Status |
|---|---|---|---|
| Machine placed on market before 20 Jan 2027 | Directive 2006/42/EC | Cites Directive 2006/42/EC | Fully compliant; can be sold and installed |
| Machine manufactured in 2026, stored, placed on market in Feb 2027 | Regulation (EU) 2023/1230 | Must cite Regulation (EU) 2023/1230 | Must be updated to satisfy 2023/1230 before market placement |
| Existing EC-Type certificate expiring in 2028 | Certificate valid for technical proof | Declaration must reference 2023/1230 | Valid proof of conformity for covered clauses only |
| Replacement parts identical to original (pre-2027) | Directive 2006/42/EC | Declared as identical spare part | Exempt under Article 2(2) for original safety parts |
1. "Placing on the Market" vs "Putting into Service"
The critical legal threshold under EU harmonization law (the Blue Guide) is "placing on the market", defined as the first making available of a product on the Union market. If a machine builder signs a transfer of ownership or commercial delivery contract with an EU distributor before 20 January 2027, the machine has been placed on the market under 2006/42/EC. If the machine remains in the manufacturer inventory without transfer of ownership until 21 January 2027, it must comply fully with Regulation 2023/1230.