<v04220801b6ee3b9ae5e2@[192.168.1.13]>, Nick Williams <nick.williams@con
formance.co.uk> inimitably wrote:
>I'm interested to know where this idea that equipment which is not in 
>'free circulation' is excluded from the directives comes from, or 
>more specifically, what official documentation exists to support it. 

It isn't 'excluded from the Directives' and I have explained why there
is no documentation in the public domain on the subject. There is a
contrast between 'placed on the market' and 'not in free circulation',
but not a 1:-1 correspondance. 

Take a *similar* example. I can, in general, apply for a licence from
the DTI to operate an open-air EMC test site, if I tell them where it is
and what emissions I agree to be limited to.  The licence may well be
granted if the site is somewhere on the South Downs, for example, but
not if it is within 5 km of GCHQ or Jodrell Bank! My site is 'not in
free circulation'. 

In the same way, non-conforming equipment may be allowed by a national
regulatory authority to be used within its national borders, on any
conditions that it specifies, usually only at a specific site. But each
case has to be treated on its merits - Formula 1 provides entertainment
for millions and brings in a lot of money. Special medical equipment may
save lives. Exceptional permission is much less likely in the case of
commercial or civilian industrial activities, but if the risk assessment
shows that the equipment is innocuous at the specified site, why not
grant permission? Who would benefit from a denial?
-- 
Regards, John Woodgate, OOO - Own Opinions Only. Phone +44 (0)1268 747839
Fax +44 (0)1268 777124. http://www.jmwa.demon.co.uk Why not call a vertically-
applied manulo-pedally-operated quasi-planar chernozem-penetrating and 
excavating implement a SPADE?

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