Second-hand apparatus can be considered as used apparatus, which are supplied to user and which may or not have been modified by refurbishment, reconditioning or reconfiguration.

Used apparatus is any apparatus which has previously been placed on the EEA market and put into service on the EEA territory. This apparatus was in compliance with the applicable legislation: national or EU, depending on the date. It must have complied with the provisions of the EMC Directive, if applicable to it at that date.

The general principle is that the EMC directive re-applies only if the modifier claims that the modified apparatus is to be considered as-new apparatus and if it is intended to be placed again on the EEA market for distribution and/or use as a single commercial unit.

Nevertheless, the following criteria can be applied:

Case 1:

The 'original' apparatus was not CE marked, not in compliance with the EMC Directive (because it did not then apply):

• If, after modification, the apparatus does not become in as-new apparatus, the EMC Directive is not mandatory. The 'original' one had been acceptable and it would not be logical to force compliance in this case. It will circulate in the EEA based on Articles 30/36 of the Union Treaty. The person responsible for placing it on the EEA market should be able, however, to justify his decision if challenged by the competent authorities. He should also ensure that the name of any new manufacturer (modifier) is included in the operating instructions supplied with the apparatus.
• If, however, the modified apparatus results in as-new apparatus, it makes sense to request compliance with the EMC Directive, to insist on the necessary protective actions and protect other equipment in its environment. The party responsible for the 'as-new' apparatus is here considered as the manufacturer and all the applicable criteria (and simplifications) given in this guide should be addressed.

Case 2:

• If the modification of the original apparatus does not result in an as-new apparatus, the re-application of the EMC Directive is not mandatory. The modifier must, in any case, document what he/she has done, his EMC analysis and any tests carried out. His/Her final resulting apparatus should bear sufficient information that permits enforcement authorities and the end user to know that this is a modified apparatus and to permit the identification of the modifier; the original manufacturer could otherwise be considered responsible for things he/she has not done.
• If however, the modified apparatus results in an as-new apparatus it makes sense to re-apply the EMC Directive, to insist on the necessary protective actions and protect other equipment in its environment. The party responsible for the modification is here considered as the manufacturer and all applicable criteria (and simplifications) given in this guide should be addressed.

In all cases, if the modified configuration had been envisaged and documented by the 'original' manufacturer and made part of his assessment of conformity, as EMC conforming variants or configurations of his apparatus before it was placed on the market (as in chapter 6.3 of this guide) and if the modifier follows strictly the 'original' manufacturers instructions and limitations, the Directive does not need to be re-applied. In these conditions, the modifier has not altered the manufacturers conformity assessment, he/she has not done anything not intended by the 'original' manufacturer and He/She does not need to carry out additional tests, etc. The 'original' manufacturer remains responsible for the EMC conformity and the 'original' assessment is valid.

Whoever produces an as-new apparatus from an 'original' apparatus through an industrial operation that implies a substantial modification in order to obtain identical (or similar) performance as new apparatus placed on the market at the same time, must, therefore, be able to certify its conformity before placing it on the market again. He can do so by assuming, in full, the responsibility of manufacturer and completing the full EMC analysis, conformity assessment, EC declaration of conformity and CE marking.