Our company regularly exchanges failed equipment for replacement   
equipment for our customers.  We then charge them a repair fee and repair   
the returned material.  They keep the unit we sent them for exchange.   
 This supports the need of our customers to have minimum downtime, and   
eliminates non value-added shipping and administrative costs on both ends   
of the transaction.

We have a significant amount of equipment now located in the EU to be   
used for exchange purposes.  This equipment is old but repaired.  It is   
NOT CE marked, nor would it meet EMC or LVD requirements without   
modification.  In some cases, the exchange equipment has more   
capabilities than the returned equipment.

1. Does the exchange of this equipment constitute a repair of existing   
equipment?
2. Will Member States prohibit the free movement of this equipment?
3. Does all the equipment for exchange have to comply with current   
directives, or only those in force when the equipment was first shipped   
into the EU?
4. Are there other implications?

Thank you in advance for your replies.

Bob Collier
[email protected]

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