Hello Monrad,
Note 28 on page 18 of the Blue Guide notes that the Low Voltage Directive covers only placing on the market, not putting into service. However, the LVD doesn’t define “placing on the market”. Where it is defined in other directives, the definition varies. The Directive on Lifts defines it as when the installer first makes the lift available for the end user. The various directives relating to medical products define it as making the product available for sale or offering the product for free. The Blue Guide section 2.3.1 is the best guidance for the LVD. It states “A product is placed on the Community market when it is made available for the first time. This is considered to take place when a product is transferred >from the stage of manufacture with the intention of distribution or use on the Community market.” The Blue Guide notes that this is applicable to each individual product, not to a type of product. Based on this guidance from the Blue Guide, I have to agree with John. Regards, Ted Eckert Compliance Engineer Microsoft Corporation [email protected] <mailto:[email protected]> The opinions expressed are my own and do not necessarily reflect those of my employer. From: Monrad Monsen [mailto:[email protected]] Sent: Friday, September 03, 2010 1:26 PM To: [email protected] Subject: Re: 60950-1 2nd Edition Q. John, Do you have anything official in writing that provides this concession? European Commission's "Guide to the Implementation of Directives Based on the New Approach and the Global Approach", Section 2.3.2 (page 19) states the following: "Putting into service takes place at the moment of first use within the Community by the end user." "Products must comply with the provisions of the applicable New Approach directives and other Community legislation when they are put into service." Based on the above quotes, any warehouse or even a store shelf would not meet the definition of "put into service". Instead, the product must be delivered, installed and actually put into use by the end user customer. You can read the European Commission's "Guide to the Implementation of Directives Based on the New Approach and the Global Approach" at: http://ec.europa.eu/enterprise/policies single-market-goods/files/blue-guide/guidepublic_en.pdf I am interested in any such concessions that relax the rules published in the guide published by the European Commission. Thanks. Monrad Monsen | Worldwide Compliance Officer Oracle Compliance Engineering On 5/6/2010 9:23 AM, John Woodgate wrote: In message <[email protected]> <mailto:[email protected]> , dated Thu, 6 May 2010, "Petrie, Craig D" <[email protected]> <mailto:[email protected]> writes: Imagine a manufacturer builds product certified to 1st edition of 60950-1 prior to December 1st 2010 (expiry date of 1st edition), and the product is then stored in a warehouse until sold. If the product is not sold until after December 1st can the manufacturer still legally sell this product in the EU? Whose warehouse? If it is the manufacturer's, the product has not already been 'placed on the market', so it must conform to the new standard when it is shipped. If the product has been shipped to a distributor's warehouse, then it HAS been placed on the market and can be sold on without conforming to the current standard. This is to some extent a 'concession' and might be withdrawn in a case of a known safety issue not addressed properly by the superseded standard. It might also be withdrawn if the product has been in the distributor's warehouse for several years. - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. 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To post a message to the list, send your e-mail to <[email protected]> All emc-pstc postings are archived and searchable on the web at http://www.ieeecommunities.org/emc-pstc Graphics (in well-used formats), large files, etc. can be posted to that URL. Website: http://www.ieee-pses.org/ Instructions: http://listserv.ieee.org/request/user-guide.html List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <[email protected]> Mike Cantwell <[email protected]> For policy questions, send mail to: Jim Bacher <[email protected]> David Heald <[email protected]>
