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The European Commission services offered a non-legally binding opinion on this very matter some years ago. The opinion was specifically in the context of the RoHS Directive but made reference to New Approach directives and to the section of the Blue Guide which Ted mentions below.
The opinion was very clear that goods transferred from manufacturing to a manufacturer’s warehouse (either in the the EU or not) are not considered to be placed on the market. By the way, as ‘placing on the market’ applies to each individual unit and to not a product or product line, I would not agree that any products remaining in a warehouse are considered to be ‘placed on the market’ even though identical products (from the same warehouse) have already been offered for sale. This is my own personal opinion. Regards Peter. From: [email protected] [mailto:[email protected]] On Behalf Of Ted Eckert Sent: 06 May 2010 15:43 To: [email protected] Subject: RE: 60950-1 2nd Edition Q. Hello Craig, I disagree with Mr. Barker on this issue. Section 2.3.1 of the Blue Guide <http://ec.europa.eu/enterprise/policie /single-market-goods/files/blue-guide/guidepublic_en.pdf> covers this issue. This section gives six examples of when a product is not considered as being placed on the market. The last states that placing on the market is considered not to take place where a product is “In the stocks of the manufacturer, or the authorized representative established in the Community, where the product is not yet made available, unless otherwise provided for in the applicable directives.” In my opinion, if the product is offered for sale before December 1st, there is no problem. I believe that those products remaining in the warehouse would comply. However, if the product is just transferred to the warehouse and not offered for sale prior to December 1st, the Blue Guide appears to indicate that it has not yet placed on the market. Regards, Ted Eckert Compliance Engineer Microsoft Corporation [email protected] The opinions expressed are my own and do not necessarily reflect those of my employer. From: Barker, Neil [mailto:[email protected]] Sent: Thursday, May 06, 2010 7:36 AM To: [email protected] Subject: Re: 60950-1 2nd Edition Q. Craig Yes, there is no problem here. The product is considered to be 'placed on the market' when it is transferred to the warehouse (part of the distribution chain) as it is then available for sale. Providing the product leaves the warehouse within a normal reasonable stock turn time, there should be no problem. If, however, it stayed on the shelf for many months/years, then that may not be viewed so favourably. Neil Barker CEng CEnv MIET Hon FSEE MIEEE Manager Central Quality e2v 106 Waterhouse Lane, Chelmsford, Essex, CM1 2QU, England Tel: +44 (0)1245 453616 Mobile: +44 (0)7801 723735 Fax: +44 (0)1245 453571 www.e2v.com <http://www.e2v.com/> P Consider the environment: do you really need to print this e mail? ________________________________ From: [email protected] [mailto:[email protected]] On Behalf Of Petrie, Craig D Sent: 06 May 2010 15:20 To: [email protected] Subject: 60950-1 2nd Edition Q. Good afternoon all, 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? Thanks, Craig ______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________ - This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. 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]> Sent by a member of the e2v group of companies. The parent company, e2v technologies plc, is registered in England and Wales. Company number; 04439718. Registered address; 106 Waterhouse Lane, Chelmsford, Essex, CM1 2QU, UK. This email and any attachments are confidential and meant solely for the use of the intended recipient. If you are not the intended recipient and have received this email in error, please notify us immediately by replying to the sender and then deleting this copy and the reply from your system without further disclosing, copying, distributing or using the e-mail or any attachment. Thank you for your cooperation. ______________________________________________________ ________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________ - This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. 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]> - This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. 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. 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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]>
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The European Commission services offered a non-legally binding opinion
on this very matter some years ago. The opinion was specifically in the context
of the RoHS Directive but made reference to New Approach directives and to the section
of the Blue Guide which Ted mentions below. The opinion was very clear that goods transferred from
manufacturing to a manufacturer’s warehouse (either in the the EU or not)
are not considered to be placed on the market. By the way, as ‘placing on the market’ applies to
each individual unit and to not a product or product line, I would not agree
that any products remaining in a warehouse are considered to be ‘placed
on the market’ even though identical products (from the same warehouse) have
already been offered for sale. This is my own personal opinion. Regards Peter. From: [email protected]
[mailto:[email protected]] On Behalf Of Ted Eckert Hello Craig, I disagree with Mr. Barker on this issue. Section 2.3.1 of
the Blue
Guide covers this issue. This section gives six examples of when a
product is not considered as being placed on the market. The last states
that placing on the market is considered not to take place where a product is
“In the stocks of the manufacturer, or the authorized representative
established in the Community, where the product is not yet made available,
unless otherwise provided for in the applicable directives.” In my opinion, if the product
is offered for sale before December 1st, there is no problem.
I believe that those products remaining in the warehouse would comply.
However, if the product is just transferred to the warehouse and not offered
for sale prior to December 1st, the Blue Guide appears to indicate
that it has not yet placed on the market. Regards, Ted Eckert Compliance Engineer Microsoft Corporation The opinions expressed are my own and do not necessarily reflect
those of my employer. From: Barker, Neil
[mailto:[email protected]] Craig Yes, there is no problem here. The product is considered to be
'placed on the market' when it is transferred to the warehouse (part of the
distribution chain) as it is then available for sale. Providing the product
leaves the warehouse within a normal reasonable stock turn time, there should
be no problem. If, however, it stayed on the shelf for many months/years, then
that may not be viewed so favourably. Neil Barker CEng
CEnv MIET Hon FSEE MIEEE Manager Central
Quality e2v 106
Waterhouse Lane, Chelmsford, Essex, CM1 2QU, England Tel:
+44 (0)1245 453616 Mobile:
+44 (0)7801 723735 Fax: +44
(0)1245 453571 P Consider
the environment: do you really need to print this e mail? From: [email protected]
[mailto:[email protected]] On Behalf Of Petrie, Craig D Good
afternoon all, 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? Thanks, Craig
Website: http://www.ieee-pses.org/ For help, send mail to the list administrators: For policy questions, send mail to:
- Website: http://www.ieee-pses.org/ For help, send mail to the list administrators: For policy questions, send mail to: - Website: http://www.ieee-pses.org/ For help, send mail to the list administrators: For policy questions, send mail to: ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. 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/ For help, send mail to the list administrators: For policy questions, send mail to: |
ATT06325.txt
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