Scott, I find the so-called "Blue Guide" to be a great source of information for questions like this. It can be found at http://ec.europa.eu/enterprise/newapproach/legislation/guide/document/1999_1282_en.pdf
This seems to be related to commentary in the guide on transitional periods (page 20) After the transitional period, products manufactured before or during this period, in line with the system to be repealed, may no longer be placed on the Community market. In accordance with the safety or other objectives of the new directive, a product – which is placed on the market before the end of the transitional period – should be allowed to be put into service after that date if it was ready for use when placed on the market. Otherwise, it may only be put into service after that date if it fully complies with the provisions of the directive (45). There can be exceptions to this general concept, particularly if a new directive does not provide for a transitional period such as the soon-to-be-mandatory new Machinery Directive 2006/42/EC. The commission has issued guidance on understanding that transition at http://ec.europa.eu/enterprise/mechan_equipment/machinery/faq2006-42-ec.pdf Regards, Lauren Crane Product Regulatory Analyst Corporate Product EHS Manager Applied Materials Inc. Austin, TX 512 272-6540 [#922 26540] - external use - Save paper and trees! Please consider the environment before printing this e-mail. Scott Xe <[email protected]> Sent by: [email protected] 08/28/2009 11:50 AM To <[email protected]> cc Subject Placed on the market date Lots of Directives use “a placed on the market date”. Lots of people interpret if the products have not upgraded to the new directive, they have to arrive in EU before that date and the products can be exempted to sell it thru after the placed on the market date. Is it legally correct to the spirit of the directive? If not, what should the retailers do if they cannot sell the goods in the warehouse after the placed on the market date? Regards, Scott - 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] <mailto:[email protected]> > All emc-pstc postings are archived and searchable on the web at http://www.ieeecommunities.org/emc-pstc <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/ <http://www.ieee-pses.org/> Instructions: http://listserv.ieee.org/request/user-guide.html <http://listserv.ieee.org/request/user-guide.html> List rules: http://www.ieee-pses.org/listrules.html <http://www.ieee-pses.org/listrules.html> For help, send mail to the list administrators: Scott Douglas <[email protected] <mailto:[email protected]> > Mike Cantwell <[email protected] <mailto:[email protected]> > For policy questions, send mail to: Jim Bacher <[email protected] <mailto:[email protected]> > David Heald <[email protected] <mailto:[email protected]> >
