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. 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