Your question is complicated and the answer is likely to differ between EU
countries. The 'directive' is just that - instructions for each member state to
translate a given directive into its own laws and regulations. I suspect
interpretations and legal definations will vary between EU countries.
I'll follow this with interest.
Regards,
Tony
----- Original Message -----
From: "Charlie Blackham"
To: [email protected]
Subject: [PSES] EU Directives: Placing on the market - legally binding
definition
Date: Tue, 29 Sep 2009 11:16:20 +0100
Section 2.3.1 of the “Blue Book”
(http://ec.europa.eu/enterprise/newapproach/legislation/guide/document/1999_1282_en.pdf
<http://ec.europa.eu/enterprise/newapproach/legislation/guide/document/1999_1282_en.pdf>
) defines Placing on the market as:
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 (30). Moreover, the concept of placing on the
market refers to each individual product, not to a type of product, and whether
it was manufactured as an individual unit or in series.
I’m looking for the most “legally binding” pronouncement that “the
concept of placing on the market refers to each individual product, not to a
type of product”.
In effect I’m looking for a citation to dispel the argument that “our
product was placed on the market in the year dot, and hasn’t changed, so we do
not have to apply/meet new harmonised standards following DOCOPOCOSS of
standards against which product was initially assessed.”
Is there one better than the “guidance” in the Blue book?
Regards
Charlie
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