In message 
<2AA8A4298DECF8469C66C8F3A2B9589293E2B9@GB02QEX01PEDV27.rmhost1.local>, 
dated Thu, 12 Feb 2009, "Gordon,Ian" <[email protected]> 
writes:

>However what does the second part of the phrase "Cannot be placed on 
>the market or put into service until it is made compliant" mean? I 
>understand "placed on the market" but not "put into service". Does this 
>mean we could not turn the equipment on at a customer site? Or does it 
>mean that as long as the equipment has been operated for evaluation 
>purposes only and not sold to the customer then that is acceptable?

I am not a lawyer.

There is a 'generic' problem. The Commission appears to have taken the 
(not, perhaps, unreasonable) view that not every conceivable situation 
can be treated in the text of a Directive, and this is even true for 
guidance notes. It may be almost impossible to specify that certain 
activities are considered inconsequential without creating loopholes.

In general, law enforcement does not seek to pursue absolutely every 
infringement that has no consequences (motoring speeds may be heading 
towards an exception!).

So, provided that your demonstration does not actually cause any 
interference, it is treated as de minimis. But you MUST be sure that, 
for example, there is no chance of safety-of-life being compromised.

This for a demo lasting maybe an hour or so. A 'demo' that actually 
gives the customer unlimited use of the equipment for a week is not 
within the spirit of the regulations.
-- 
OOO - Own Opinions Only. Try www.jmwa.demon.co.uk and www.isce.org.uk
Things can always get better. But that's not the only option.
John Woodgate, J M Woodgate and Associates, Rayleigh, Essex UK

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