Hello Mike, Sections 2.2 and 2.3 of the Blue Guide<http://ec.europa.eu/DocsRoom/documents/18027> cover this subject. If a manufacturer brings products into the EU but still retains ownership and control, it does not necessarily constitute placing the products on the market. If an importer or distributor buys the product from the manufacturer either at the time the product is shipped into the EU or after that time, it likely would be considered as being placed on the market. Section 2.3 makes it clear that the product has not yet been placed on the market if a manufacturer brings a product into the EU and places it into their own warehouse.
Sections 2.4 and 2.5 will give additional information useful in making the determination for your product. I recommend consulting an attorney with expertise in this area if your situation is unclear. I believe the European Commission’s intention was to restrict a manufacturer’s ability to import large quantities of products prior to the implementation date of a regulation with the intention of selling them to the end user well after that date. However, this is my interpretation of the EC’s intent. Ted Eckert The opinions expressed are my own and do not necessarily reflect those of my employer or the European Commission. From: Mike Sherman ----- Original Message ----- [mailto:[email protected]] Sent: Thursday, February 2, 2017 8:17 PM To: [email protected] Subject: [PSES] RED and "putting on the market" It is my understanding that products that are not RED compliant but are RTTE compliant can be "put on the market" through June 12, 2017. For the purpose of products manufactured outside of the EU, is "put on the market" equivalent to being physically brought into the EU? I'm asking this because it is evident that a number of the harmonized standards necessary for conformity assessment to the RED will not be published by June 13, 2017, and Notified Bodies might not be able to handle the surge of that alternate path, so one obvious tactic for existing products would be to stock up RTTE compliant products within the EU until the RED requirements as detailed in the harmonized standards become more clear. Mike Sherman Graco Inc. - ---------------------------------------------------------------- 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]>
