"The machine is used, does it fall within TAREKS scope?" is based on one of the most common misconceptions among importers: the idea that a machine's age or used status removes the technical conformity obligation. In reality, the situation is far more complex and generally requires additional assessment. In this article we cover how the TAREKS and technical conformity process works for used machinery imports.
Being Used Doesn't Change Scope
Whether a machine falls within TAREKS/ÜGD scope is primarily determined by HS Code and product group; whether the machine is new or used does not automatically change this scope. In other words, a type of machine that falls within CE scope in its new form is also subject to the same technical conformity legislation when imported as used. We covered the general logic of scope determination in our article Does My Machine Fall Within TAREKS Scope?.
The Document-Sourcing Problem With Used Machinery
For a new machine, the technical file and declaration of conformity are obtained directly from the manufacturer. For a used machine, especially if it has changed hands multiple times, reaching the original manufacturer or obtaining the original technical file is often not possible. In this case, the importer or the party modernizing the machine may need to reassess it against current legislation and, if necessary, prepare a new technical file and declaration of conformity under its own name. See our article What Should the Declaration of Conformity Look Like? for the elements the declaration must contain.
Why Does the Year of Manufacture Matter?
Although the machine's year of manufacture does not directly change TAREKS scope, it is an important reference point showing which version of legislation the machine was designed under. For example, a very old machine may have been manufactured under a different, earlier version of the applicable directive; but if this machine is to be imported and placed on the market today, it needs to be assessed against current legislation and harmonized standards. For this reason, the assumption "it was already CE-marked" is not sufficient; whether the existing CE mark is still valid under current legislation needs to be technically confirmed.
Modernization: When Required, When Treated as a New Product?
Some used machines are modernized before or after import (control system upgrade, adding safety devices, capacity increase). The scope of this modernization is a critical threshold: a modernization that substantially changes the machine's function, safety level or intended use can lead to it being treated as a "new product" under legislation. In this case, the party carrying out the modernization becomes obligated to run a full CE assessment process (risk analysis, technical file, declaration of conformity, CE marking) from scratch. We covered the general steps of this process in detail in our article The CE Certification Process, Step by Step.
What Happens If a Safety Gap Is Identified?
During the assessment of a used machine against current legislation, safety elements that were acceptable at the time but do not meet today's requirements may be identified (for example, a design that does not comply with current emergency stop standards). In such a case, the importer needs to modernize the machine to meet current requirements; otherwise the machine cannot be imported or placed on the market with a CE mark.
Points Requiring Special Attention for Used Machinery in TAREKS Review
- The declaration of conformity fully matching the machine's actual, current condition (including after modernization).
- Clarifying whether the technical file comes from the original manufacturer or the party carrying out the modernization.
- The user manual being in Turkish and matching the machine's current configuration.
- The CE mark, label and serial number being consistent with the physical information on the machine.
- If modernization was carried out, this change being clearly documented in the technical file and risk analysis.
Relevant Directives and Standards
The legislation applicable to used machinery imports varies by product group; the most common framework is Machinery Directive 2006/42/EC (to be gradually replaced from 20 January 2027 by Machinery Regulation (EU) 2023/1230). Inspection under TAREKS is carried out within the framework of the Product Safety and Inspection (ÜGD) communiqués. If the modernization is considered a substantial change, the risk analysis needs to be redone in accordance with harmonized standards such as EN ISO 12100.
| Situation | Required Approach |
|---|---|
| Original technical file and CE declaration present, compliant with current legislation | Import possible with existing documents |
| Technical file missing/unobtainable | New technical file preparation with current assessment |
| Substantial modernization done/to be done | Full CE process (including risk analysis) redone from scratch |
| Safety gap identified against current legislation | Modernization mandatory, otherwise import not possible |
Step-by-Step Process
- Clarify the machine's HS Code and TAREKS/ÜGD scope.
- Research whether the original technical file and declaration of conformity can be obtained.
- Technically assess the machine's conformity against current legislation and harmonized standards.
- Determine the scope of modernization if any safety gaps are identified.
- Prepare a new technical file, risk analysis and declaration of conformity if necessary.
- Prepare the user manual in Turkish and matching the current configuration.
- Make all documents consistent with the machine's actual condition before the TAREKS application.
Most Common Mistakes
- Assuming "it's used so it's not subject to legislation" without any technical assessment.
- Accepting an old CE mark as still valid under current legislation without questioning it.
- Not updating the technical file and risk analysis despite a substantial modernization having been carried out.
- Trying to import without translating the user manual into Turkish or adapting it to the current configuration.
- Not realizing the document-sourcing difficulty until the end of the import process.
Frequently Asked Questions
Can a used machine be imported without a CE mark?
A machine within CE scope cannot be imported without a CE mark and declaration of conformity, even if used; in this case the importer may need to modernize the machine and affix the CE mark under its own name.
What happens if an old machine has no technical file?
If the original technical file cannot be obtained, the importer or the party carrying out the modernization may need to reassess the machine against current legislation and, if necessary, prepare a new technical file and declaration of conformity.
Does the used machine's year of manufacture affect the TAREKS process?
The year of manufacture does not directly change TAREKS scope, but it is an important reference point for determining whether the machine was designed under the legislation of that period or must be assessed against current legislation.
Is a modernized machine treated as a new product?
A modernization that substantially changes the machine's function, safety level or intended use can lead to it being treated as a new product under legislation; in this case the full CE assessment process may need to be run again from scratch.
Which documents are requested for used machinery imports?
Generally a declaration of conformity, technical file (or an updated file prepared after modernization), user manual and CE/conformity label are requested; TAREKS review requires these documents to be consistent with the machine's actual condition.
What happens if the used machine is found deficient in terms of safety?
If a safety gap is identified against current legislation, the importer needs to modernize the machine to meet safety requirements; otherwise the machine cannot be imported or placed on the market.
Is a risk analysis also required for used machinery?
If the machine is being modernized or a new declaration of conformity is being prepared, a risk analysis needs to be redone against current legislation; this is necessary to accurately reflect the machine's actual safety condition.
Is there a different rule for used machinery coming from outside the EU?
The country the machine comes from does not change the applicable CE/conformity requirements; regardless of country of origin, every machine to be placed on the Turkish or EU market must comply with the relevant legislation.
Does the TAREKS process work differently for used machinery imports than for new machinery?
The general TAREKS mechanism is the same, but document sourcing and current legislation conformity assessment are generally more complex for used machinery; for this reason it is recommended to carry out an additional technical assessment at the start of the process.
Who can carry out the modernization process?
Modernization can be carried out by the importer itself, the party selling the machine, or an engineering consultancy firm specialized in this area; whoever carries it out, the party signing the final declaration of conformity assumes legal responsibility.
Conclusion
Used machinery import is not technically simpler than new machinery import from a conformity perspective — it is generally more complex, because document sourcing and current-legislation conformity assessment require additional technical work. Honestly assessing the machine's actual condition at the start of the process is the guarantee both for avoiding surprises at customs and for placing a genuinely safe product on the market.
Let's plan your used machine's import process together. For more information, see our TAREKS & Import consultancy service or get in touch.
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