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Declaration of incorporation under the Machinery Directive or Regulation?

A single day decides: 20 January 2027. Until 19 January, Directive 2006/42/EC applies; from the 20th, Regulation (EU) 2023/1230.

Whoever looks today for a declaration of incorporation template finds almost exclusively templates under the Machinery Directive 2006/42/EC, Annex II Part 1 Section B. These templates are not wrong — they are time-limited.

Art. 51(2)Art. 54Annex V Part B

Which version for your product?

Placing on the marketApplicable textDocument
until 19.01.2027Directive 2006/42/ECdeclaration of incorporation, Annex II 1 B
from 20.01.2027Regulation (EU) 2023/1230EU declaration of incorporation, Annex V Part B

No transitional period

Directive 2006/42/EC is repealed with effect from 20 January 2027. There is no phase in which both versions may be used on equal footing. What counts is the day of placing on the market, not the day of design nor the day of the order. Products placed on the market before that date may continue to be made available. But whoever ships in the first quarter of 2027 needs the new version — and the design for it is running today.

What is different in the new version

  • One document for all acts. If the product falls under other texts requiring a declaration, only one is issued, with the references of all acts concerned (Art. 22(3)).
  • Digital provision expressly allowed — via a URL or machine-readable code, accessible for at least ten years (Art. 11(8)).
  • No more documentation agent. That particular is dropped.
  • References with publication date. Standards are cited with number, edition year and date of publication in the Official Journal.
  • Cybersecurity is part of the requirements. Annex III expressly names protection against corruption and the reliability of control systems.

And if the partly completed machinery contains software, the Cyber Resilience Act (EU) 2024/2847 may apply in addition — and the declaration then names both.

Frequently asked questions

Can I still issue a declaration of incorporation under Directive 2006/42/EC after 20 January 2027?

Not for partly completed machinery placed on the market from 20 January 2027: its declaration must refer to Regulation (EU) 2023/1230. Units placed on the market before keep their declaration under the Directive.

What is a "CE declaration of incorporation"?

A common name for the EU declaration of incorporation. Partly completed machinery does not bear CE marking under the Machinery Directive or Regulation; the CE marking is affixed to the complete machine.

What has to change in an existing template?

Above all the legal basis: Regulation (EU) 2023/1230 instead of Directive 2006/42/EC, and the essential health and safety requirements of Annex III instead of Annex I of the Directive. See the contents of the declaration.

Keep the declaration of incorporation in a technical file

Declaration, assembly instructions, risk assessment and documents of the partly completed machinery in one place – one trial file free until 20.01.2027.

Create a trial fileContents of the declaration

Read next

Declaration of incorporationAnnex V Part BManufacturer's declaration?the old termDeclaration of conformityfinished machine

Sources. References from the versions published in the OJ: Regulation (EU) 2023/1230; Directive 2006/42/EC; Regulation (EU) 2024/2847. The official text prevails; normakte is a drafting aid, not legal advice.