Good point! In reality, the market surveillance cannot distinguish when the products entered into EU from the samples picked up on the market. They have to leave to us in replying to their inquiries. They know it very well and hope they can find a good way to resolve it. For example, they recently published a new regulation 2016/2282 to clarify the use of tolerances in verification procedures.
Scott From: John Woodgate <[email protected]> Date: Saturday, 4 February 2017 at 11:48 PM To: 'Scott Xe' <[email protected]>, <[email protected]> Subject: RE: [PSES] RED and "putting on the market" That procedure (applying the latest standard but not pursuing failures that would not be failures under the previous standard) is how some market surveillance bodies interpreted the 'supply chain concession' that I described. It avoids having test houses working to more than one edition of a standard simultaneously, which could otherwise result in confusion. With best wishes DESIGN IT IN! OOO – Own Opinions Only www.jmwa.demon.co.uk J M Woodgate and Associates Rayleigh England Sylvae in aeternum manent. From: Scott Xe [mailto:[email protected]] Sent: Saturday, February 4, 2017 3:05 PM To: John Woodgate <[email protected]>; [email protected] Subject: Re: [PSES] RED and "putting on the market" When I participated in this field long time ago, all senior engineers taught me the same rule. I also encountered a number of cases with market surveillances on products complied with last standard. They always used the latest standards on the selected products that manufactured to the current standard at time of arrival. They are not happy but luckily none of them carried on the prosecution on those failures only happened on the latest standards. It is weak to us if below rule is not documented although they did not comment on our understanding. Scott From: John Woodgate <[email protected]> Date: Saturday, 4 February 2017 at 4:06 PM To: 'Scott Xe' <[email protected]>, <[email protected]> Subject: RE: [PSES] RED and "putting on the market" Products in the distribution chain (i.e. have left the manufacturer) can be sold 'for a reasonable time' after the deadline. What is 'reasonable' depends on the volume of sales and the average product lifetime. I do not know where, or even if, this is documented, but it was officially stated a long time ago. With best wishes DESIGN IT IN! OOO – Own Opinions Only www.jmwa.demon.co.uk J M Woodgate and Associates Rayleigh England Sylvae in aeternum manent. From: Scott Xe [mailto:[email protected]] Sent: Saturday, February 4, 2017 3:40 AM To: [email protected] Subject: Re: [PSES] RED and "putting on the market" Interesting point/view on point 4. Will it happen in stores that all radio products comply with RED on 13 June 2017 or did similar case of LVD and EMC happen last year? No sale of radio products complied with R&TTE will be continued 13 June 2017. Scott From: Monrad Monsen <[email protected]> Reply-To: Monrad Monsen <[email protected]> Date: Saturday, 4 February 2017 at 2:10 AM To: <[email protected]> Subject: Re: [PSES] RED and "putting on the market" Hi Mike, I urge you to read section 2 of the Blue Guide which can be downloaded at the below web address: http://ec.europa.eu/DocsRoom/documents/18027 Regarding your specific question … > For the purpose of products manufactured outside of > the EU, is "put on the market" equivalent to being > physically brought into the EU? Blue Guide section 2.3 states “A product is placed on the market when it is made available for the first time on the Union market.” Therefore, the “made available” definition is important as well, so I will cite in my answer some sections from that definition as well. Besides, the RED directive requires that “radio equipment” comply with the directive both when made available (RED article 6) and put into service (RED article 7). 1. Mere entry of a product into the EU territory does not automatically trigger “make available” or “put into service” definitions. Blue Guide section 2.2 states “Supplying a product is only considered as making available on the Union market, when the product is intended for end use on the Union market.” For example, a server product can enter for a value-added-reseller (VAR) or value-added-distributor (VAD) to install it into a rack along with disk arrays and Ethernet switches to create an integrated solution that might be intended for sale to end-user customers outside of Europe. The mere entry of the server into Europe does not trigger a CE mark requirement. Of course, it would be important that the shipping documentation make the intended use clear to answer questions and avoid delays through customs. 2. A product is “made available” when supplied for distribution, consumption or use within the European Union market. This is true even if donated free of charge. In fact, it is true even if the product is merely loaned but product ownership is not transferred to the end user. Blue Guide section 2.2 states: “A product is made available on the market when supplied for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.” Also, section 2.2 states: “Thus, a transfer of a product is considered to have taken place, for instance, in the circumstances of sale, loan, hire, leasing and gift. Transfer of ownership implies that the product is intended to be placed at the disposal of another legal or natural person.” 3. The trigger of “made available” and “placed on the market” can occur even before the product physically reaches the market territory – triggered by the advertizing campaigns, etc. Blue Guide section 2.2 states: “Such supply includes any offer for distribution, consumption or use on the Union market which could result in actual supply (e.g. an invitation to purchase, advertising campaigns).” Also, section 2.3 states: “Products offered for sale online by sellers based outside the EU are considered to be placed on the Union market if sales are specifically targeted at EU consumers or other end-users.” 4. One may not create a huge stock-pile of products within a warehouse in Europe before a standard’s implementation deadline (like RED on 12 June 2017) and then trickle sales to end user European customers after the deadline. Blue Guide section 2.5 states: “Putting into service takes place at the moment of first use within the Union by the end user for the purposes for which it was intended.” This occurs when the product (per serial number) is placed in possession of the end user customer and the customer actually puts the product into service. On the date that the product is put into service and use, the product must meet the European Union rules in effect on that date. Hope this helps. Monrad DISCLAIMER: Everything written in my email are my own opinions and are not necessarily those of any company for which I work. From: Mike Sherman ----- Original Message ----- [mailto:[email protected]] Sent: Thursday, February 02, 2017 9:17 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]> 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]> - ---------------------------------------------------------------- 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]> - ---------------------------------------------------------------- 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]> - ---------------------------------------------------------------- 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]>
