Ted -- Thanks for pointing me to the Blue Guide. Here are some relevant excerpts from the Blue Guide published in the OJ C272 on 26 July 2016.
>From page C272/20, fourth paragraph, especially the last sentence (emphasis is >mine): "The placing on the market is the most decisive point in time concerning the application of the Union harmonised legislation (66). When made available on the market, products must be in compliance with the Union harmonisation legislation applicable at the time of placing on the market. Accordingly, new products manufactured in the Union and all products imported from third countries — whether new or used — must meet the provisions of the applicable Union harmonisation legislation when placed on the market, i.e. when made available for the first time on the Union market. Compliant products once they have been placed on the market may subsequently be made available along the delivery chain without additional considerations, even in case of revisions to the applicable legislation or the relevant harmonised standards, unless otherwise specified in the legislation. " (Note that I was unable to find the phrase "delivery chain" anywhere else in the Blue Guide using a text search.) >From page C272/19, this bullet and its footnote (56) point out that at least >one criteria of being "placed on the market" is clearing customs: "Placing on the market is considered not to take place where a product is: . . . — introduced from a third country in the EU customs territory in transit, placed in free zones, warehouses, temporary storage or other special customs procedures (temporary admission or inward processing) (56)," where footnote (56) is: "(56)See Council Regulation (EEC) No 2913/92 establishing the Community customs code. In accordance with this Regulation, non- Community goods placed under a suspensive customs procedure or in a free zone are subject to customs supervision and do not benefit from the free circulation in the internal market. Before benefiting from the free circulation in the internal market, these goods must be declared for release for free circulation. That entails application of commercial policy measures, completion of the other formalities laid down in respect of the importation of goods and the charging of any duties legally due." Mike Sherman Graco Inc. ----- Original Message ----- From: "Ted Eckert" <[email protected]> To: [email protected], "EMC-PSTC" <[email protected]> Sent: Friday, February 3, 2017 7:32:31 AM Subject: RE: RED and "putting on the market" Hello Mike, Sections 2.2 and 2.3 of the Blue Guide 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. 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