What happens if a used machine does not have CE certification?

17 March, 2026

The CE Certificate is one of those requirements that everyone mentions in the buying and selling of used machinery, yet few truly understand in depth. What does it actually involve? What happens if the equipment you want to buy or sell does not have it? Can the situation be regularised? At CYCLICA, we encounter these questions frequently, and the correct answer is not always what the buyer or seller expects to hear. In this article, we explain it clearly.

What the CE certificate is and what it guarantees

The CE marking —short for Conformité Européenne— is the manufacturer's declaration that a product complies with the essential requirements for safety, health, and environmental protection set out in the applicable European directives. In the case of industrial machinery, the main reference is the Machinery Directive 2006/42/EC, which establishes the criteria that any equipment must meet in order to be marketed and put into service within the European Economic Area.

The CE Certificate (technically called the EC Declaration of Conformity) is not automatically issued by any external body: it is the manufacturer who, after carrying out the conformity assessment and compiling a technical file, issues the document and affixes the marking to the equipment. In some cases, when machinery presents higher risks, the involvement of an independent notified body is mandatory to validate the process.

What the CE marking guarantees is that the machine was designed and manufactured in compliance with minimum safety standards at the time it was first placed on the market. It does not guarantee that it still complies with those standards after years of use, modifications, or lack of maintenance.

Why some used machines do not have a CE certificate

There are several reasons why a used machine may lack CE certification, and not all of them necessarily imply a serious issue.

The most common reason is simply age. The Machinery Directive effectively came into force in 1995, so equipment manufactured before that date was not required to obtain CE marking at origin. Many robust, long-lived industrial machines still in operation today fall into this category.

Another frequent reason is the loss of documentation over time. The equipment originally had its CE certificate, but after several years and multiple changes of ownership, the technical documentation has been lost. In this case, the marking remains valid, but proving it becomes difficult without the physical document.

It may also be that the machine has undergone substantial modifications. When significant changes affecting safety or essential functioning are made, the original certification becomes invalid. At that point, the party modifying the machine legally assumes the role of manufacturer and must recertify it.

Finally, some equipment comes from non-EU markets and never obtained CE marking because it was not originally intended for the European market.

Consequences of operating a machine without CE marking

The implications of putting a machine into service without the appropriate CE certification are serious and affect both the buyer and the employer using it in their operations.

From a legal perspective, occupational risk prevention laws and Royal Decree 1215/1997 establish that employers must ensure that work equipment is safe. Operating machinery without the required CE marking can lead to significant administrative penalties.

From a civil liability perspective (and, in serious cases, criminal liability), if an accident occurs involving a machine that does not meet the requirements, the owning company faces substantial legal exposure. The absence of CE certification is a key factor in determining negligence.

From an insurance standpoint, many policies exclude coverage for incidents involving equipment that does not comply with current regulations. In practice, this can leave the company unprotected against potentially significant compensation claims.

What can be done if a machine does not have CE certification

The situation is not necessarily a deal-breaker, but it does require a rigorous approach. The available options depend on the specific case.

If the machine was manufactured before 1995 and was never required to obtain CE marking, the buyer must still ensure that it meets the minimum safety requirements set out in Royal Decree 1215/1997 before putting it into service. This may involve technical adaptations and the preparation of a compliance report by a qualified technician.

If the documentation has been lost but the original CE marking exists, it may be possible to recover the documentation by contacting the manufacturer or its authorised representative. In some cases, a notified body can inspect the equipment and issue documentation certifying its conformity.

If the equipment has been substantially modified and the original certification is no longer valid, a new conformity assessment will be required. Depending on the machine's risk category, this may involve the intervention of a notified body and the issuance of a new EC Declaration of Conformity.

If the machine comes from a non-EU market, the importer legally assumes the role of manufacturer under the Machinery Directive and is responsible for obtaining CE certification before marketing or putting the equipment into service in Europe.

How this affects the buying and selling of used machinery

In any transaction, the absence of CE certification must be addressed with full transparency from the outset. The seller is obliged to inform the buyer about the equipment's documentation status, and the buyer must assess whether to assume the cost and process of regularising it or to look for alternatives.

What is not acceptable, from a legal or ethical standpoint, is to transfer equipment that lacks CE marking without informing the buyer of the implications. At CYCLICA, we verify the documentary status of all equipment before listing it, precisely to prevent this type of situation from causing issues for either party once the transaction is completed.

If you have doubts about whether a specific piece of equipment meets CE marking requirements or need guidance on how to proceed in an irregular situation, our technical team can help you find the most appropriate path.