Article 52 of Machinery Regulation 2023/1230: the transitional period and which machinery can remain on the market under Directive 2006/42/EC

Article 52 of Regulation (EU) 2023/1230 settles a question that concerns any manufacturer with stock, ongoing orders or active production lines: what happens to machinery already manufactured or placed on the market under Directive 2006/42/EC when the new Regulation becomes fully applicable? The answer is clear: Member States may not prevent the making available on the market of products placed on the market in accordance with Directive 2006/42/EC before 14 January 2027, although with one important exception concerning the market surveillance chapter, which starts applying to those same products as early as 13 July 2023.

This article, together with Article 51 on repeals and Article 54 on entry into force and application, forms the block of final provisions that governs the orderly transition from one legal framework to another. This is not a minor issue: if misunderstood, it could lead a manufacturer to unnecessarily withdraw perfectly marketable stock, or conversely, to keep on the market machinery that should already have been adapted to the new surveillance requirements.

Can I keep selling stock manufactured under Directive 2006/42/EC after 2027?

Yes, with one essential condition: the machine must have been placed on the market — that is, first made available in the EU or the EEA — before 14 January 2027, and must have done so validly, in full conformity with Directive 2006/42/EC as in force at that time. Article 52(1) protects the subsequent marketing of those units: a distributor may continue selling warehouse stock manufactured and placed on the market under the previous regime, even years after the new Regulation becomes fully applicable, without any obligation to re-certify the machine under the new requirements of Annex III.

What Article 52 does not allow is the opposite: manufacturing and placing on the market for the first time a machine after 14 January 2027 while still applying the criteria of Directive 2006/42/EC. From that date, every new placing on the market must comply with Regulation 2023/1230 in its entirety, including the new requirements on cybersecurity, protection against corruption of software (section 1.1.9 of Annex III), and the specific requirements for machinery with self-evolving behaviour that we analysed in our article on Annex I.

Why does market surveillance move forward to 13 July 2023?

This is the part of Article 52 that is most often overlooked. Chapter VI of Regulation 2023/1230 — which governs market surveillance procedures, the national procedure for products presenting a risk (Art. 43) and the Union safeguard procedure (Art. 44) — does not wait until 20 January 2027 or 14 January 2027: it already applies, from 13 July 2023, directly replacing Article 11 of Directive 2006/42/EC.

In practice, this means that even while a manufacturer continues placing machinery on the market under the substantive regime of Directive 2006/42/EC, market surveillance authorities already apply the procedural framework of the new Regulation to manage risks detected in those products: notifications through the information exchange system between Member States, manufacturer response deadlines and risk assessment criteria. Article 52(1) expressly clarifies that this also applies to procedures already initiated under Article 11 of the former Directive: there is no "gap" or duplication of procedures.

What happens to EC type-examination certificates already issued?

Article 52(2) specifically protects EC type-examination certificates and approval decisions issued in accordance with Article 12 of Directive 2006/42/EC: they remain valid until their natural expiry date, with no need to renew them early simply because the new Regulation becomes applicable. This is relevant for manufacturers of machinery currently listed in Annex IV of the Directive — broadly equivalent to the new Annex I of the Regulation — that have followed an EC type-examination procedure involving a notified body.

However, this transitional validity does not exempt anyone from market surveillance obligations or documentary traceability. As we explained in our analysis of Article 22 on the technical file, the manufacturer must continue to keep all documentation associated with the certificate — test reports, drawings, risk assessment — for the legal retention period, regardless of whether the certificate itself remains valid under the previous regime.

Recommended steps for managing the transitional period

1. Classify your catalogue by actual date of placing on the market, not manufacturing date. Identify which models will be marketed before and after 14 January 2027.
2. Review the validity of your EC type-examination certificates issued under Directive 2006/42/EC and note their actual expiry date, not an estimated one.
3. Check whether your machinery is affected by the new Annex I (high-risk categories, including machinery with self-evolving behaviour), as these categories may require assessment procedures different from those under the Directive.
4. Adapt your incident and complaint management system to the market surveillance framework of Chapter VI, which has already been applicable since July 2023 regardless of the substantive regime your product complies with.
5. Plan the documentary transition well in advance: the EU Declaration of Conformity, technical file and instruction manual must be ready for the new Regulation before the first placing on the market after 14 January 2027, not at the deadline itself.

IgeraIndustria in action: automatic stock classification by applicable regime

Frequently asked questions about Article 52

What is the difference between 14 January 2027 and 20 January 2027?

These are two distinct dates within the Regulation itself. Article 51(2) repeals Directive 2006/42/EC with effect from 14 January 2027, and Article 52 uses that same date as the reference point for the transitional regime. Article 54, in turn, establishes that the Regulation "shall apply from 14 January 2027" as a general rule, with exceptions for certain articles that already apply earlier. The date of 20 January 2027 corresponds to the formal entry into force of the Regulation as a whole, twenty days after its publication — which already took place in 2023; in the sector's informal usage, it is worth distinguishing entry into force (already occurred) from full application (14 January 2027 as the key operative date for most obligations).

Can I still use CE marking based on Directive 2006/42/EC on machines manufactured after 2027?

No. CE marking must always correspond to the regulatory regime under which conformity was assessed. If the machine is placed on the market for the first time after 14 January 2027, the CE marking must be based on the conformity assessment carried out in accordance with Regulation 2023/1230, not the repealed Directive.

Do partly completed machinery have a different transitional regime?

Article 52 does not expressly distinguish between complete machinery and partly completed machinery: the placing-on-the-market date criterion applies equally to both. However, since ultimate responsibility for conformity lies with whoever incorporates the partly completed machinery into the final machine, it is especially important for manufacturers of partly completed machinery to clearly inform their customers under which regime their product was assessed.

What happens if a product placed on the market under the Directive presents a risk detected after 2027?

It is handled through the procedures of Chapter VI of Regulation 2023/1230 — the national procedure under Article 43 and, where applicable, the Union safeguard procedure under Article 44 — regardless of whether the original design met the requirements of Directive 2006/42/EC. This is precisely what Article 52(1) clarifies by bringing forward the application of Chapter VI to 2023.

Do I need to redraft the EU Declaration of Conformity for my current stock?

No, provided the machine is placed on the market before 14 January 2027 and the original Declaration, in accordance with Article 5 of Directive 2006/42/EC, is valid and complete. As we discussed in our article on Article 16 of the new Regulation, the requirement for a new Declaration under Regulation 2023/1230 is only triggered for machines placed on the market for the first time from that date onwards, or when a subsequent substantial modification is made.

Does the transitional period also apply to notified bodies?

Yes, indirectly through Article 52(2): certificates issued by a notified body in accordance with Article 12 of Directive 2006/42/EC remain valid until their expiry. However, notified bodies must be re-notified or renew their designation under the new requirements of Article 30 of the Regulation in order to issue valid certificates under the new framework once it becomes fully applicable.

Sources: Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery (OJ L 165, 29.6.2023), Articles 51, 52 and 54; Directive 2006/42/EC of the European Parliament and of the Council (in force until 14.1.2027). This article is for informational purposes only and does not constitute legal or engineering advice.