Who is responsible for what, what happens with pre-1995 equipment, and why modifying a machine can make you its manufacturer.
It is the question that stops more deals halfway than any other: “does this machine have CE?”. And behind it there is usually a reasonable fear: that the equipment arrives, a labour inspection turns up, and the problem is yours.
This guide explains how it actually works, without scaremongering and without playing it down. It does not replace the judgement of a competent engineer or your safety adviser, but it stops you buying blind.
CE marking is not a quality seal, and it is not a certificate issued by a body. It is the manufacturer's own declaration that the machine complies with the European legislation that applies to it. It comes with an EC declaration of conformity, a signed document, and with the instruction manual in the language of the country where it will be used.
A machine with a CE sticker but no declaration of conformity is incomplete. And a sticker can be bought online, so the document is worth far more than the label.
CE marking for machinery became enforceable in the European Economic Area from 1995. That splits the market into two worlds:
In practice: a machine from 1988 can be bought and used lawfully, but it may need modern guarding, emergency stops or interlocks. That costs money, and it has to be budgeted before you agree a price, not after.
This is the point almost nobody checks, and the one that causes the most grief.
If you buy a CE-marked machine and modify it substantially — changing its controls, adding a robot, integrating it into a line with other machines, altering its function or creating a new hazard — the original conformity no longer covers you. In practical terms, you become the manufacturer of that modified machine: assessing the risks, documenting them and signing the new declaration falls to you.
The same applies when you combine several machines so they work as one assembly: that assembly is a new machine in the eyes of the rules, even if every part carries its own CE marking.
None of this is a reason not to buy. It is a reason to know what you are taking on, and what it costs, before you negotiate.
Here the change is significant. When you bring a machine in from the United States, China, Brazil or the United Kingdom and introduce it into the EU market for the first time, you are the one placing it on the market. The manufacturer's obligations fall on the importer.
That means you have to satisfy yourself that the equipment complies, assemble the technical file, issue the declaration of conformity and affix the marking. An excellent, cheap American machine can stop being either once you add compliance work and documentation.
Before buying outside the EU, get a quotation for the compliance work from an engineer and put it in your numbers. It is the difference between a bargain and a problem.
If the seller does not have the declaration, it is not the end of the world, but it is a price argument: replacing it takes engineering work. Make sure missing paperwork shows up in what you pay.
Directive 2006/42/EC, which governs today, is to be replaced by Regulation (EU) 2023/1230, applicable under the published timetable from January 2027. Among other things it addresses cybersecurity, safety-related software and documentation in digital form.
For a second-hand purchase today it does not change the essentials, but it is worth bearing in mind if the equipment will be integrated or modified in the next few years. Confirm it with your engineer: application timetables get adjusted.
When we prepare an asset listing we ask the seller for the documentation and we state on the listing what exists and what does not. If a machine has no declaration of conformity, it says so. We would rather you knew beforehand and decided for yourself than found out once the truck has been unloaded.
We are not a notified body and we do not sign declarations of conformity: that is for a competent engineer. What we do is make sure the question is on the table in time, and put you in touch with someone who can assess it.
The buying guide covers the rest of the checks: nameplate, real hours, ownership and charges, payment methods. If the real condition of the equipment worries you, see how we arrange an inspection before you buy. And if you already have a machine in mind, write to us and we will tell you what documentation to insist on in that particular case.
This guide is general information and does not constitute legal or engineering advice. Assessing the conformity of a specific machine is a matter for a competent engineer, and requirements may vary by country and by intended use.