The provisions of this sub-section do not apply when:
1° The second-hand medical device is sold to a medical device manufacturer, as defined in 3° of Article R. 5211-4, unless the latter expressly requests this from the reseller;
2° The second-hand medical device comes from a Member State of the European Union or a party to the Agreement on the European Economic Area and complies with a technical rule that is mandatory for resale in one of these States, provided that this technical rule makes it possible to ensure a level of health and safety protection equivalent to that sought by these provisions;
3° The second-hand medical device is placed on the market for the first time on the territory of a Member State of the European Union or a party to the Agreement on the European Economic Area. The provisions of Chapter I of Title I of Book II of Part Five of this Code then apply.