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.
To best understand the above, for example, you have an electronic product called GISMO. The first GISMO with serial number 00001 was manufactured January 1952. Manufacturing is performed in the US. (Rare these days!) You still have GISMO with serial number 00001 in stock and is pulled to fulfill an order along with two other GISMOs with serial numbers 09099 & 09100 (manufactured June 2009) to be shipped (placed on market) to a customer in EU member state France. All three Gismos must be RoHS compliant. The GISMO manufactured in 1952, this is prior to the RoHS Directive effective date, must also be RoHS compliant or can not ship. Regards, Denis Ryskamp Environmental Compliance Manager Trimble Dayton 5475 Kellenburger Road Dayton, Ohio 45424 *: 01-937-245-5539 *: [email protected] ________________________________ From: [email protected] [mailto:[email protected]] On Behalf Of Charlie Blackham Sent: Tuesday, September 29, 2009 9:54 AM To: [email protected]; RICHARD JONES Subject: [***SPAM***] Re: [PSES] EU Directives: Placing on the market - legally binding definition Yes - I'm after the most legal thing I can find that says that - something more legal than the guidance in the Blue Book - if that exists - citation of a Trading Standards (or equivalent) prosecution / court ruling on this point would be great. regards Charlie On Tue Sep 29 9:00 , RICHARD JONES sent: I might have interpreted what you wrote wrongly but for Europe there isn't any grandfathering clause, so products from the year dot that are still on the market must meet current standards. Outside of the EU things are somewhat different and grandfathering is often accepted Rich ________________________________ From: James, Chris [mailto:[email protected]] Sent: Tuesday, September 29, 2009 7:09 AM To: [email protected] Subject: Re: [PSES] EU Directives: Placing on the market - legally binding definition I think confirmation of the intent is inherent in the grammar and structure of the blue book definition – suggest you consult a lawyer if you doubt it. Chris ________________________________ From: [email protected] [mailto:[email protected]] On Behalf Of Charlie Blackham Sent: 29 September 2009 11:16 To: [email protected] Subject: EU Directives: Placing on the market - legally binding definition 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. IR17;m looking for the most R20;legally binding†pronouncement that “the concept of placing on the market refers to each individual product, not to a type of productâ€. 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 - 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] <javascript:top.opencompose('[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]>
