How shall we check the compliance of a used installation in case of re-installation on a different site? Is there any difference if it comes to Ex?
Machinery Directive says:
Ҥ 72 New and used machinery
Machinery is considered as placed on the market when it is made available in the EU for the first time. The Machinery Directive therefore applies to all new machinery placed on the market or put into service in the EU, whether such machinery is manufactured in the EU or outside the EU.
In general, the Machinery Directive does not apply to the placing on the market of used or second-hand machinery. In some Member States, the placing on the market of used or second-hand machinery is subject to specific national regulations. Otherwise the putting into service and use of second-hand machinery for professional use is subject to the national regulations on the use of work equipment implementing the provisions of Directive 2009/104/EC – see §140: comments on Article 15.
There is one exception to this general rule. The Machinery Directive applies to used or second-hand machinery that was first made available with a view to distribution or use outside the EU, when it is subsequently placed on the market or put into service for the first time in the EU.22 The person responsible for placing on the market or putting into service such used machinery for the first time in the EU, whether he is the manufacturer of the machinery, an importer, a distributor or the user himself, must fulfil all the obligations set out in Article 5 of the Directive.
The Machinery Directive also applies to machinery based on used machinery that has been transformed or rebuilt so substantially that it can be considered as new machinery. The question arises as to when a transformation of machinery is considered as construction of new machinery subject to the Machinery Directive. It is not possible to give precise criteria for answering this question in each particular case. In doubt, it is therefore advisable for the person placing such rebuilt machinery on the market or putting it into service on the market to consult the relevant national authorities.”
It means it shall be considered as a complete new installation (or even a new product) according to latest requirements.
In case of Ex lot to do – contact an Ex professional or it is time to become an Ex professional.
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