Rank: Forum user 
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Advice required on CE Marking of used equipment being imported into Poland.
My notes on the Machinery Directive :-
Machinery that has been in service in a country outside of the EU (or the EEA) that has never been placed on the market in the EU counts as being placed on the EU market for the first time. Technically it is “new” and as such, European Directives are applicable, and the machinery must meet all the obligations of new machinery including CE Marking.
The situation I have is a machine built in the EU and CE marked several years ago by the OEM, first put into service in the USA, then moved inter-company to Australia and now being moved inter-company to Poland. The Polish authorities have requested the Declaration of Conformity to prove CE compliance, but is the original CE marking, (carried out to the standards at the time it was built, with the CoC stating the unique serial number), still valid, or does it need re-assessing to current standards as it is deemed being placed on the EU market for the first time in the latest move ?
The OEM continues to build this machine, (approx 200 supplied worldwide over the last 10 years), but the specification of the current model is different to the one being moved to Poland, as the design has evolved, through continuous improvement and changing standards/directives.
In summary, is the move to Poland considered placing it onto the EU market for the first time and is the original CE marking still valid ?
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Rank: Forum user
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Hi there,
Quite a scenario you've got here, I would say the original CE Mark and deceleration of conformity would still apply, there is nothing I am aware of that suggests it needs re assessing if removed from the EU. Also, CE Decelerations are not retrospective, even when new technology is introduced.
Hope this helps
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Rank: Forum user
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As it is being moved inter-company, I would suggest it is not being "placed on the market", though others may disagree.
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Rank: Forum user
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Anderson8 wrote:Hi there,
Quite a scenario you've got here, I would say the original CE Mark and deceleration of conformity would still apply, there is nothing I am aware of that suggests it needs re assessing if removed from the EU. Also, CE Decelerations are not retrospective, even when new technology is introduced.
Hope this helps Looking into this further the potential outcomes could be :- i) because this machine has never been placed on the EU market, its move to Poland will be treated as if it is "new" and it will have to comply with current directives. or ii) because it was manufactured in the EU and CE marked at the time of manufacture, the original CE marking still applies. (However, having not inspected the machinery, there is no guarantee that is in the same condition with regard its safety, as when the product was originally supplied. Any changes made over the last 7 years could potentially invalidate the original Certificate of Compliance).
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Rank: Forum user
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I can see your concerns on this, however I wouldn't beat myself up over this.
The requirement to affix a CE mark sits under supply law, if the equipment was CE marked at the time then it was supplied under the assumption it was being placed on the EU market.
Also, when carrying out a conformity assessment, this is done by assessing against the essential h&s requirements EHSR within the machinery directive, not necessarily against specific B or C standards. There have been some small changes to the EHSR, but as I say there is no requirement to retrospectively re assess product already assessed or placed on the market.
My main concern would be the risk assessment of the equipment, and ensuring that is relevant and in place. This should identify any safety concerns or changes.
Which ever way we look at this, unsafe equipment is an offence, so we need to ensure it's safe. Risk assessment is the way for me. You could even carry out an assessment against the ESHR yourselves to be confidant all things have been considered.
This would be my approach on this one anyway.
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Rank: Forum user
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quote=anderson8]I can see your concerns on this, however I wouldn't beat myself up over this.
My main concern would be the risk assessment of the equipment, and ensuring that is relevant and in place. This should identify any safety concerns or changes.
Which ever way we look at this, unsafe equipment is an offence, so we need to ensure it's safe. Risk assessment is the way for me. You could even carry out an assessment against the ESHR yourselves to be confidant all things have been considered.
Fully agree, ensuring safe machinery is the first priority. However, machine is in a crate somewhere between Australia and Poland, with Polish customs requesting the CE certification because the equipment is being imported into the EU. The client does not want to end up with the machine being impounded and incurring storage costs because customs reject the original certification from 7 years ago, demanding instead that it complies with current directives as this will be the first time this specific machine will have been placed on the market in the EU. Once on site in Poland, we will be installing it for the client.
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