While the Blue guide is not in any way legally binding, it is an important reference in interpreting the intent of the Directives. It is drafted and published by the European Commission and (per its Foreword), it is intended to ‘elucidate the legal text’. Unless there is something in the guide which appears to be in conflict with the wording of a Directive, I would give high regard to the clarifications it offers.
But you still want more eh? You might want to take a look at the ‘future’ in the form of Decision No 768/2008/EC <http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:218:0082:0128:EN:PDF> . This Decision is part of the New Legislative Framework in the EU and is likely to heavily influence all existing and future ‘New Approach’ Directives. One of the aims of the Decision is to improve coherence between Directives by using a common set of definitions for important terms. It lays down the following definitions which may be of interest: 1. ‘making available on the market’ shall mean any supply of a product for distribution, consumption or use on the Community market in the course of a commercial activity, whether in return for payment or free of charge; 2. ‘placing on the market’ shall mean the first making available of a product on the Community market; Now perhaps, we will need a new Blue guide to interpret the above, but I think it noteworthy that both definitions use the term ‘a product’ rather than a reference to a type of product or a series of products. Of course, until they are incorporated into or referenced in the text of a Directive, these definitions should not be considered any more ‘legally binding’ than the blue guide but I consider them a good indication of the intent of the Commission when the term ‘place on the market’ is used. I don’t know when we can expect to see these definitions incorporated into or referenced in the existing ‘New Approach’ Directives but the work to do so has already started in some cases. All of the above are my own opinions and ramblings only and not those of my employer. Regards Peter http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:218:0082:0128:EN:PDF 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. 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 - 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]> 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. 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]> Dell Products Manufacturing Limited is registered in Ireland. Company Registration Number: 427761 Registered address: 70, Sir Rogerson’s Quay, Dublin 2, Ireland. WEEE Directive Registration Number: 000358 An up-to-date list of the name of every company director containing the particulars indicated in paragraphs (a), (b) and (c) of Section 196 (1) of the Companies Act 1963, is available on application from the company’s registered office
