Does the CRA apply to products already on the market?
It depends
It depends on modification. Products placed on the market before 11 December 2027 are subject to the Regulation only if substantially modified after that date, but Article 14 reporting obligations apply regardless [[F-004]] [[F-002]].
The deciding factors
| Factor | If true | If false | Source |
|---|---|---|---|
| Already on the EU market before 11 December 2027 | Full requirements only on substantial modification | Full requirements apply from placing on the market | F-004 |
| Change after placing on the market affects compliance or intended purpose | Substantial modification: full requirements apply | No trigger | F-014 |
| Customers or distributors ask for conformity evidence | Commercially expected, not yet legally required | No change | F-105 |
| Article 14 reporting | Applies from 11 September 2026 regardless | — | F-002 |
Check your own product
Start the short scope check. Every legally material fact — EU availability, commercial activity, exclusions, your role — is asked, never assumed.
Example scenarios
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Desktop software sold in the EU since 2021, unchanged
Likely in scope · role: _
In scope, with full requirements triggered only by a substantial modification after 11 December 2027; reporting obligations still apply.
Deciding fact: Art. 3(1), Art. 2(1)
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New model of the product, first placed on the market in 2028
Likely in scope · role: _
A new model placed on the market after 11 December 2027 must meet the full requirements from launch; the legacy rule covers only units of the model already on the market.
Deciding fact: Art. 3(1), Art. 2(1)
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Smart device on the EU market since 2022, unchanged
Likely in scope · role: _
In scope, with reporting obligations already applying; full requirements arrive only with a substantial modification after 11 December 2027.
Deciding fact: Art. 3(1), Art. 2(1)
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Not sure whether the product was ever available in the EU
It depends on one fact · role: _
EU availability decides before any timing question. Establish it and the result resolves.
Deciding facts: Art. 3(1), Art. 2(1); Art. 3(22)
Each scenario is a fixture: the shared CEMarque rules engine evaluates its inputs at build time and the page cannot be served if the outcome shown here differs from the engine's.
Edge cases
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Why
The legacy rule
Products placed on the market before 11 December 2027 are subject to the Regulation only if they are substantially modified after that date; Article 14 reporting obligations apply to them regardless [1]. The full requirements apply to everything else from 11 December 2027 [2].
Substantial modification
A substantial modification is a change to the product after it has been placed on the market that affects its compliance with the essential requirements or results in a modification of its intended purpose, and whoever makes it becomes the product's manufacturer [3]. Security fixes and maintenance releases that change neither are not substantial modifications; new functions that alter the intended purpose can be [3].
Reporting applies anyway
Article 14 reporting obligations of manufacturers apply from 11 September 2026, including for products already on the market [4] [1]. This is the clock legacy products cannot escape.
Commercial reality
Customers and distributors may ask for conformity evidence before it is legally required [5]. The scope check names both clocks for your product when you give its market position and date.
Timing
Article 14 reporting applies from 2026-09-11; full requirements apply only on substantial modification. Dates come from the Facts Table entries cited below, evaluated for the first example; run the check for your own product's dates.
What to do next
CRARequired only answers applicability. CEMarque carries your answers forward and adds your role, class, conformity route, dates, obligations, and a permanent cited verdict.
Check my product Run the full cited determination on CEMarque
Related applicability questions
Sources
- F-004 Products placed on the market before 11 December 2027 are subject to the Regulation only if substantially modified after that date; Article 14 applies to them regardless. Art. 69(2)–(3) EUR-Lex ↩
- F-003 The Regulation applies in full from 11 December 2027. Art. 71(2) EUR-Lex ↩
- F-014 Substantial modification: a change after placing on the market affecting compliance with essential requirements or resulting in a modification of the intended purpose; a person who substantially modifies a product becomes its manufacturer. Art. 3(30), Art. 22 EUR-Lex ↩
- F-002 Article 14 (reporting obligations of manufacturers) applies from 11 September 2026. Art. 71(2) EUR-Lex ↩
- F-105 For products already on the market, conformity is not required until substantial modification, but customers and distributors may ask for it; Article 14 applies regardless. Art. 69(2)–(3) EUR-Lex ↩
- F-005 A product with digital elements is a software or hardware product and its remote data processing solutions, including components placed on the market separately, whose intended purpose or reasonably foreseeable use includes a direct or indirect logical or physical data connection to a device or network. Art. 3(1), Art. 2(1) EUR-Lex ↩
- F-101 Made available on the market means supply for distribution or use on the EU market in the course of a commercial activity. Art. 3(22) EUR-Lex ↩
CRARequired answers applicability only, using scope logic and cited regulatory facts maintained by CEMarque, which encodes Regulation (EU) 2024/2847 and published guidance as of Facts v2026.09.4 (10 September 2026). Results are "likely" or "conditional" readings of your answers, not a legal opinion and not a conformity assessment. Run the full cited determination on CEMarque before you act. Methodology.