33That interpretation is, moreover, confirmed by the view expressed by the Commission in paragraph 72 of the ‘Guide to application of the Machinery Directive 2006/42/EC’ (of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ 2006 L 157, p. 24)), in which the Commission indicated that ‘in general, the Machinery Directive does not apply to the placing on the market of used or second-hand machinery’, while recognising that there is ‘one exception to this general rule’. According to the Commission, ‘the Machinery Directive applies to used or second-hand machinery that was first made available with a view to distribution or use outside the [European Union], when it is subsequently placed on the market or put into service for the first time in the [European Union]’.
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