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 Bookâ€
(http://ec.europa.eu/enterprise/newappr
ach/legislation/guide/document/1999_1282_en.pdf
<http://ec.europa.eu/enterprise/newappr
ach/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.â€
Is there one better than the “guidance†in the Blue book?
Regards
Charlie
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