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

 

 

 


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