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Posted By Mitch
We deal in second hand textile machinery on behalf of the global company we are part of. As part of a recent deal we acquired 2 machines from another manufacturer.
We are now going to "dispose" of these machines to a dealer on the continent, as the purchaser is a dealer and we are not 'placing them on the market' we are not going to CE mark them (they may be sold on out of the EEC!) I cannot find any references to this specific scenario and would appreciate m'learned friends opinions.
Thanking you in anticipation.
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Posted By Michael Hayward
My recollection - from some years ago now - is that so long as they do not cross an external EU boundary for re-use in the common market they do not need to be CE marked. If they are subsiquently shipped out of the EU they still would not require a CE mark - but they would if they came back again!
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Posted By Mitch
(after a quick read of that) That's as clear as mud then! Depending which directive we are prosecuted under determines whether we are a supplier, importer or distributor?
As an aside is the term 'actors' a misinterpretation/mis-translation of players?
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Posted By Mike Draper
Was the equipment previously in service within the EU (with anyone, not just the people you acquired it from)?
Yes - as the equipment was previously put into service in the EU there is no need to CE mark the equipment.
No - you may be placing the equipment on the market within the EU and therefore you may have to consider CE marking, unless you are clear with the purchaser that they intend to ship the equipment outside of the EU, in which case, get this in writing.
Yes or no - you would be well advised to ensure that you have the installation, operating and maintenance instructions for the equipment concerned and pass these along to the purchaser.
If you don't have the instructions, the equipment has been modified from it's original supply, or the equipment is used in a manner beyond its original design limits then you might want to reconsider re-supply. If it is modified or intended to be used outside of its original limits then CE marking may raise its head again.
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Posted By Mitch
Thanks Mike that is our line of thought.
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