Selling and Buying a Secondhand Machine : What are the Liabilities ? (ex auto)

That paper summarizes a several year past discussion taking place on a French newsgroup that specialized in woodworking. French is my native language and what follows is merely my way of translating the content of this original document.
At that time my information on the topic was fragmented, confused and approximate. A guest entered the discussion without unveiling his professional capacity and only wrote he was not a lawyer but practised prevention applying the European guidelines. He knew much about the subject and took time to clearly and patiently explain the issue to some of us. Along his answers I formed an opinion that so far no strong argument has contradicted. It does not mean what follows is true and without failure but it seems to me this digest enables a better understanding about liabilities of the seller and the buyer as well as the user. I hope regulation makers and other professionals will forgive me for my formulation. I am going to use simple words in order to get an understandable result for the majority, if not precise.
Since the advent of the European Union, EU guidelines set the tone. As regard this topic EU guidelines do not talk about buyer or seller but the machine has to comply with current rules as soon as there is a submissive relationship between people. Here is my perception :

1) The seller (individual or professional) who deal with a buyer (individual or professional) is not liable to bring the safety elements of the machine in line with current rules. In other words, every dealer can sell every product to every buyer that agrees. The purchaser may challenge the sale for latent defects as instance, but the seller can not be held responsible for the use of the product by the purchaser.
No doubt. Seller is free and buyer is free.

2) The buyer (individual or professional) is free to use a machine that does not comply with safety regulations but caution : He can and only him. The risk-zone begins as soon as anyone else use that machine. It considerably worsens if there is a relationship of authority between them. The relationship of submission is the determining factor.

3) The buyer (individual or professional) of a non-compliant machine must bring the safety elements in line before allowing anyone under them authority to use that machine. If an accident occurs with a non-compliant machine, health and safety inspector will decide on sanctions.

So the focal point is the definition of the relationship of submission that goes beyond the direct authority and subcontracting implies a shared responsibility, as instance. In the spirit of the guidelines, any victim of an accident at work (earning a salary or not) can seek compensation from the person who represents the authority (this notion can be extended to the family context). As matter of interest, domestics and servants are the only people excluded from this relationship of submission.
The content of that paper aims enthusiastis woodworkers and I put aside professionals. What could submission relationship be in this context ? Working in a partnership involves very likely that the user accepts the rules of this association and therefore abide by them. At home, a father could ask his son for help and authority exists in this case. Allowing a friend or neighbour to use such machines also raises many issues. And so forth...

I don't want to conclude, voluntarily.

WhyDi

PS : I named this page my partner nickname out of respect for his teaching that led me from the shadow to the light, belief to knowledge. I thank him ever so much.