If your 'affiliate' is not a subsidiary company and has other suppliers, placing on the market occurs at your stage 3. If, however, the 'affiliate' is you in disguise, it occurs at your stage 5. I've never seen it stated explicitly in these terms, but I think the product is 'placed on the market' when a prospective buyer (including an independent 'middle-man') *could* (not actually has) remove it from the manufacturer's care and responsibility. With best wishes DESIGN IT IN! OOO - Own Opinions Only <http://www.jmwa.demon.co.uk/> www.jmwa.demon.co.uk J M Woodgate and Associates Rayleigh England Sylvae in aeternum manent. From: Kunde, Brian [mailto:[email protected]] Sent: Wednesday, December 7, 2016 9:14 PM To: [email protected] Subject: [PSES] Placing on the Market Greetings Experts. I'm really really really sorry to ask this question, but I must know without a doubt of how the EU law interprets "Placing on the Market". Yes, I have read many documents, websites, and guides. I thought I had a good understanding of this but I am not confident to the point to where I could be fired if I'm wrong. I like it here. Here is my scenario: Widget (we'll call it "Cool-Thing") meets the current CE requirements and has been sold in Europe for years. Production is busy building and supplying product to our affiliates in Europe. Shelves and warehouses are full and everyone is happy happy. But, in July 2017, the product Cool-Thing must also meet RoHS. We are working hard to insure Cool-Thing is RoHS compliant by July 2017. But right now, we have no idea if we are going to hit that date or not. If not, we need to know where the cut-off is. When July 23rd, 2017 arrives, we could have non-compliant product at different stages in the distribution chain such as: 1. In different stages of being built but not sold to a specific customer. 2. Sold to a specific customer but manufacturing is not yet complete. 3. Completely built but not yet shipped. 4. In transit to our affiliates in Europe. 5. In Europe at affiliate's warehouses or on store shelves waiting to be sold. 6. Sold and waiting to be shipped to the End User. 7. In transit to the End User. 8. At the End User but not yet put into service. The RoHS Directive says that product Placed on the Market from July 23rd, 2017 must be RoHS compliant to be CE compliant. But the definition of "Placed on the Market" is where I'm fuzzy. Some say that "placing on the market" means the product has to be completely manufactured and "Offered" to some person or company in Europe, such as our affiliates. What exactly does that mean? Are products manufacturer and in the distribution chain prior to July 23, 2017 ok to sell after July 23rd, 2017 even though they are not RoHS compliant? I assume that when CE requirements change in Europe, that unsold product on store shelves or in warehouses are not just thrown away. Where exactly is the cutoff? Thanks for any advice and clarifications. The Other Brian _____
LECO Corporation Notice: This communication may contain confidential information intended for the named recipient(s) only. If you received this by mistake, please destroy it and notify us of the error. Thank you. - ---------------------------------------------------------------- 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.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://www.ieee-pses.org/list.html (including how to unsubscribe) <http://www.ieee-pses.org/list.html> List rules: 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]> > - ---------------------------------------------------------------- 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.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://www.ieee-pses.org/list.html (including how to unsubscribe) 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]>
