Machines placed on the market before 20 January 2027 (Article 52)

The rule (Article 52(1))

Member States shall not impede the making available on the market of products which were placed on the market in conformity with Directive 2006/42/EC before 20 January 2027. Note the corrected date: the Official Journal first printed 14 January, and a corrigendum of 4 July 2023 changed it to 20 January.

What this means in practice

• The protection attaches to the product and to the moment it was placed on the market (first made available on the EU market), not to your design or your product family.
• A unit first placed on the market on or after 20 January 2027 needs to meet the Regulation: EU declaration of conformity, technical documentation under Annex IV, and the other Chapter II obligations.
• Keep dated evidence per unit (the declaration of conformity under the Directive, delivery or invoice date, serial number) so you can show the unit was placed on the market before the cut-off.
• Stock that was already placed on the market before the date may continue to be made available. Units you have not yet placed on the market are a different question; plan those against the Regulation.

Chapter VI still applies earlier

Article 52(1) also says Chapter VI of the Regulation (the safeguard and risk procedures) applies from 19 July 2023 to such products, instead of Article 11 of the Directive. Older products are therefore not outside market surveillance.

A planning checklist

• List open orders and finished units with expected ship dates around January 2027.
• Decide per order whether it will be placed on the market before 20 January 2027 under the Directive, or after it under the Regulation.
• For anything after the date, check your declaration, technical file and instructions against the new requirements.
• Record the placing-on-the-market date for every unit you rely on Article 52 for.

General information, not legal advice or certification. Whether a particular unit counts as placed on the market is a legal question; check the Commission guidance and your own advisers. Source: Regulation (EU) 2023/1230 Articles 51, 52 and 54 and the corrigendum OJ L 169, 4.7.2023, on EUR-Lex.

Related: Regulation vs Directive · substantial modification · distributors · UK builders. We sell to businesses only; see Terms.