Article 20 of Machinery Regulation 2023/1230: the Rules for CE Marking on Machinery
Direct answer: Article 20 of Regulation (EU) 2023/1230 requires the CE marking to be affixed visibly, legibly and indelibly to the machinery itself, with a minimum height of 5 millimetres, and to be accompanied by the manufacturer's identification and, where applicable, the identification number of the notified body; affixing it without having completed the corresponding conformity assessment procedure is a serious infringement that can trigger market withdrawal and penalties. The CE marking is not a decorative logo: it is the manufacturer's visual declaration that the entire conformity process required by the Regulation has been completed. This article explains how and where it must be affixed, which other markings must accompany it, and what happens when it is affixed unlawfully.
Regulation (EU) 2023/1230, fully applicable from 20 January 2027, keeps the general principles of CE marking set out in Regulation (EC) No 765/2008 and Decision No 768/2008/EC, but expressly introduces the possibility of digital CE marking for certain cases.
The CE marking is the graphic symbol that the manufacturer affixes to a machine to indicate, on its own responsibility, that the product meets all the essential health and safety requirements of Annex III of Regulation (EU) 2023/1230 and has passed the applicable conformity assessment procedure, in accordance with the placement and proportion rules set out in Article 20 and in Regulation (EC) No 765/2008.
5 mm mandatory minimum height
Article 20(2) of Regulation (EU) 2023/1230 sets the minimum height of the CE marking at five millimetres, unless the size or nature of the machinery makes that dimension impracticable, in which case it may be reduced provided it remains visible and identifiable. This is the same minimum proportion that applies across the rest of the Union's product harmonisation legislation.
— Regulation (EU) 2023/1230, Article 20(2) (OJ L 165, 29.6.2023)
How and where must the CE marking be affixed to machinery?
Article 20(1) requires the CE marking to be affixed visibly, legibly and indelibly to the machinery. The placement must follow the general principles of Article 30 of Regulation (EC) No 765/2008: the proportions must be respected even if the marking is reduced or enlarged in size, and its location must ensure it can be perceived without dismantling components or handling the machine in an abnormal way. Where the nature of the machinery does not allow or justify direct marking on the product itself, the CE marking is affixed to the packaging and to the documents accompanying the machinery, in particular the EU Declaration of Conformity governed by Article 19.
Article 20(3) introduces a significant novelty compared with Directive 2006/42/EC: where it is more practical given the size or nature of the machinery, the CE marking may be affixed in digital format, provided it is accessible via the machine itself or via a device or label that unambiguously points to it, and provided it meets the same visibility, legibility and durability requirements demanded of the physical marking. This digital option fits within the broader digitalisation the new Regulation introduces, consistent with the possibility of electronic instructions for use provided for in Article 10.
What other markings must mandatorily accompany the CE marking?
The CE marking never stands alone. Article 18 of the Regulation requires that, alongside the CE marking, the machinery must also carry the manufacturer's name, registered trade name or registered trade mark, and its single postal contact address, together with the type, batch or serial number or other element enabling identification of the machinery, where the size or nature of the machinery allows it. Where a notified body has been involved in the conformity assessment procedure — for example, in an EU-type examination of machinery listed in Annex I Part A — Article 20(4) requires that the identification number of that notified body be affixed immediately after the CE marking, under the responsibility of the body itself or, failing that, of the manufacturer or its authorised representative.
Affixing the CE marking without the notified body's identification number when the machinery has undergone an EU-type examination, or affixing a notified body number that does not correspond to the actual body that issued the certificate. Both situations are easily detected by a market surveillance authority checking the NANDO database, and constitute direct evidence of non-compliance with Article 20(4), even when the rest of the technical documentation is otherwise correct.
When is affixing the CE marking unlawful, and what are the consequences?
Affixing the CE marking without having completed the relevant conformity assessment procedure, without having drawn up the EU Declaration of Conformity required under Article 19, or on machinery that does not actually meet the essential requirements of Annex III, constitutes a serious breach of the Regulation. It is also unlawful to affix marks, signs or inscriptions to a machine that could mislead third parties as to the meaning or graphic form of the CE marking, a practice expressly prohibited by Article 20(5) — although it does allow affixing any other marking provided it does not reduce the visibility, legibility or meaning of the CE marking itself.
The consequences are set out in the Regulation's market surveillance chapter: where a national authority detects a CE marking that has been affixed incorrectly or fraudulently, it can require the manufacturer to remedy the non-compliance within a set deadline, restrict or prohibit the machinery's placing on the market while the non-compliance persists, or order its withdrawal or recall from the market if the risk warrants it. On top of this come the administrative penalties each Member State sets out in its national transposing legislation — in Spain, channelled through Law 21/1992 on Industry and its implementing rules — which can include significant fines in addition to a marketing ban.
| Requirement | Legal basis | Consequence of non-compliance |
|---|---|---|
| Minimum height 5 mm | Art. 20(2) | Correction order |
| Visible, legible and indelible | Art. 20(1) | Marketing restriction |
| Manufacturer identification | Art. 18 | Correction order |
| Notified body number (if applicable) | Art. 20(4) | Market withdrawal |
| Marking without prior assessment | Art. 20 + national penalty regime | Ban and financial penalty |
| Misleading markings | Art. 20(5) | Order to remove the marking |
A practical case: the illegible marking that halted a production line
Talleres Bosquerà, a fictitious manufacturer of a hydraulic press brake, underwent a routine market inspection during which the inspector could not read the laser-engraved CE marking on a section of the housing exposed to oil spray and metal shavings, where it had become illegible after six months of use. Although the machine had a complete EU Declaration of Conformity and a correct technical file, the inspector recorded a breach of Article 20(1) for the marking's lack of durability under normal conditions of use, and required the manufacturer to redesign the marking's location on the next production batch before allowing continued marketing. The case is a reminder that durability is assessed in the machine's real operating context, not only at the moment of delivery.
IgeraIndustria in action: verifying CE marking before going to market
How IgeraIndustria solves it
Question:
"Under Article 20, is it acceptable to place the CE marking only on the packaging and not on the machine itself?"
IgeraIndustria answers:
"Under Article 20(1), the marking must be affixed to the machine itself as the general rule. Placing it only on the packaging and accompanying documentation is permitted only when the nature of the machinery does not allow or justify direct marking — for example, on components of extremely small dimensions. I need details on the size and nature of your machine to confirm whether your case falls under that exception or whether you need to redesign the placement of the physical marking."
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In summary: the CE marking rules under Article 20
- Visible, legible and indelible, with a minimum height of 5 millimetres.
- Affixed to the machine itself; placement on packaging or documents only as a justified exception.
- May be affixed in digital format if accessible and meeting the same requirements.
- Must be accompanied by the manufacturer's identification (Art. 18) and, where applicable, the notified body number (Art. 20(4)).
- Affixing it without a prior conformity assessment is a serious breach with penalty consequences.
- Markings that could mislead as to the meaning of the CE marking are prohibited.
Frequently asked questions about Article 20
Who affixes the notified body number — the manufacturer or the body itself?
Article 20(4) allows the notified body itself, or the manufacturer or its authorised representative acting on its instructions, to affix the number. In practice, the notified body most commonly specifies the exact number to be used and the manufacturer integrates it into the marking process alongside the CE symbol.
Can the CE marking be reduced below 5 mm?
Only when the machine's dimensions make that size impracticable, and only as long as the marking remains visible and identifiable. There is no general exception for aesthetic or design preference; any reduction must be justified by the physical nature of the product itself.
Does a digital CE marking always replace the physical marking?
Not automatically. Article 20(3) allows it when it is more practical given the size or nature of the machinery, but the manufacturer must be able to justify why the physical marking was not the appropriate option and ensure that digital access meets the same visibility and legibility standards.
What happens if a distributor spots an incorrect CE marking before selling the machine?
Under the Regulation's regime of obligations for economic operators, the distributor is required not to make available on the market a machine it knows or ought to know does not comply with the applicable requirements, and must inform the manufacturer and the market surveillance authorities if it detects an irregular marking.
Does a second-hand machine need an updated CE marking?
If the machine has not undergone substantial modification, it keeps its original CE marking under the regulatory regime in force when it was first placed on the market. Only if it undergoes a substantial modification that affects its conformity must it be reassessed and, where applicable, re-marked in accordance with Regulation (EU) 2023/1230.
Does IgeraIndustria certify my machine's CE marking?
No. IgeraIndustria is not a notified body and does not issue certifications. It helps technical teams verify, before going to market, that the CE marking meets the placement, size, durability and accompanying-marking requirements set out in Article 20, reducing the risk of findings during a market surveillance inspection.
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Last updated: July 2026 | Author: Jordi Bassols, Industrial Safety Engineer, Member of COEIC | Sources: Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery, Articles 18 and 20 (OJ L 165, 29.6.2023); Regulation (EC) No 765/2008, Article 30; Spanish Law 21/1992 on Industry. This article is for informational purposes only and does not constitute legal or engineering advice. IgeraIndustria — free trial. EUR-Lex — Regulation (EU) 2023/1230 This content is for informational purposes only and does not constitute legal or engineering advice. For the conformity assessment of your machinery, consult a notified body or a qualified industrial safety engineer.