Rank: Forum user 
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Apologies but I really have reached the end of my tether with this question and would appreciate any definitive direction.
Problem: Can a shop import a piece of equipment(with moving parts) from outside the EU that does not have either a CE Mark, or a certificate of conformity, if it is not for resale and entirely for their own use?
I say no, but after seeking a simple yes or no answer as to whether this is actually breaking the law when you are importing it, but not reselling it, it is infuriating.
All help appreciated!
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Rank: Forum user
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No expert but having had a quick look at HSE website (http://www.hse.gov.uk/work-equipment-machinery/uk-law-design-supply-products.htm) my gut says it could be permitted if the shop which is importing the goods then takes on the reponsibility of fulfilling the requirements of the Supply of Machinery (Safety) Regulations 2008 by ensuring that the machine meets the following criteria before it is put into service:
- is designed and constructed to be safe, meeting the essential health and safety requirements listed in the Regulations (these are supported by many harmonised standards)
- is CE marked
- is supplied with instructions in English
- has a Declaration of Conformity (or, in the case of partly completed machinery, a Declaration of Incorporation)
Once it is pointed out to them that they take on responsibility for meeting these requirements, and they see how much it would cost them both in time and money, they can probably buy the equipment just as cheaply from a supplier who provides the machine meeting the above criteria which is ready to use.
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Rank: Super forum user
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From the information given, provided the 'machine' isn't in one of the CE marking excluded categories - then it is illegal to use machinery that hasn't been CE marked and complies (as required/applicable) parts of the Essential Health and Safety Requirements (EHSRs) of the Directive.
The Supply of Machinery Regulations put into law the requirement to CE mark.
The fact the machine is for use in your own shop doesn't really matter - you are deemed to be supplying and 'placing on the market' the machine within the EU - hence you become responsible for CE marking the machine and the relevant assessment - if you have purchased the machine from a country outside of the EU.
So the answer is 'No'
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Rank: Super forum user 
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Ian is correct
The only way around this is to get a competent person to declare it conforms to the relevant standards.
This was my job many years ago.
Even if its a very simple item (no electrics) you are looking at a minimum of £5K for this.
So to be pedantic:
Yes: Technically you can import it
No: even without having a clue what it is, it would not be financially viable for a "one off".
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Rank: Super forum user 
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walker, & Ian are correct.
As the importer you are placing the machine on the market, in the EU for the first time, thus you are responsible for CE marking it.
walker, £5k is cheap these days even without an electrical control system.
I have just looked at a machine that a customer has imported I have no idea how much the machine cost them, nor the cost of a CE marked item, but the cost to CE mark a desk mounted item as it is so poor is circa £11k it has come from the other "CE" marking place IYKWIM!
It does have an electrical control though, and that is a good price.
The client does not think so as they have had a price of £2k5 for the same work so they think...
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Rank: Forum user
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Many thanks too all for these responses, I thought that I was correct in my original answer, but now I am being challenged because the dept buying the equipment's argument is that we are exempt as the item is not for resale and strictly for our own use.
Walker, when you say getting a competent person to approve it, are you saying that this would be along the lines of a certificate of conformity, or would it be a process of risk assessment performed by an engineer for example?
Regards
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Rank: Super forum user
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You need to treat the equipment as if you had designed it, and document all the requirements of the MD, thus you would need to do a full assessment of the machine in accordance with the MD requirements, and then provide the required information and action any deficiencies prior to putting the machine into service, and doing the PUWER assessment.
The same applies if you design and build equipment for your own use btw.
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Rank: Super forum user
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What actually is the item of equipment/machine?
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Rank: Super forum user 
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quote=Paul911]Many thanks too all for these responses, I thought that I was correct in my original answer, but now I am being challenged because the dept buying the equipment's argument is that we are exempt as the item is not for resale and strictly for our own use.
Walker, when you say getting a competent person to approve it, are you saying that this would be along the lines of a certificate of conformity, or would it be a process of risk assessment performed by an engineer for example?
Regards If you have it in your works for your "own use" only then your company is sold or goes into receivership it would get on the market. Therefore it is on the market when you import it. Your buying department are wrong if it is an item covered and should listen to you. From HSE web site :- http://www.hse.gov.uk/wo...ent-machinery/faq-ce.htmIt depends on the product but you must CE mark[35] work equipment that comes under the Machinery Directive[36] and make sure it meets all of its essential health and safety requirements[37] - even if it is only for your own use and you have no intention of supplying it to other parties. Chris
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Rank: Forum user
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The equipment is a food band saw for cutting large cakes.
Yes, I know it sends shivers down my spine as well. The manufacturer is sending a demo machine for us to test, but in my role as Risk Manager, I simply do not have the engineering qualifications/background to deem whether the machine is safe/meets the applicable standards.
The business will not be sold and is unlikely to go into receivership, so am not concerned about those scenarios, what I am concerned about is being asked to make a call on a piece of kit with a motorized blade and no CE mark.
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Rank: Super forum user
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Its an easy call - its illegal to use the machine until its properly CE marked.
Just because you are the company H&S manager/advisor - doesn't mean you have to be able to do everything.
Your advice to your employer is to not use the machine until it is CE marked - either source someone willing to do the necessary checks/assessment or buy a machine already CE marked.
I think the earlier reference was to write off/sell the machine NOT the company.
If you haven't yet purchased the machine - then don't, until its CE marked.
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Rank: Super forum user
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Off the top of my head this could well be an annexe iv machine also.
It's not legal for sale, nor use, nor putting on the market.
There are plenty of specialists who can do the work to CE mark it, I know several.
However, if it is annexe iv, then you'll need a Notified Body.
To be honest, even if it's not, buying a CE marked machine will probably be cheaper.
It should hopefully be safer too.
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