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 This is to some extent a 'concession' and might be withdrawn in a
case of a known safety issue not addressed properly by the superseded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 It might also be withdrawn if the product has been in the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.
-
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