Hello all and thank you for the responses.
It seems based on reading the available guidance, that for an overseas
manufacturer, customs is the point that it is "put on the market" rather
than the manufacturer gate or store front.
It seems therefore that my original hypothetical scenario is valid:
>>>An extreme hypothetical example may be...
>>>You have two pallets of radios waiting to clear customs (i.e. 'put on
>>>the market'). One clears on Friday June 30 2006. The other does not
>>>clear until Monday July 3. The products on the first pallet can have
>>>lead in them. The products on the second cannot.
>>>
Chris, can you comment on the implementation of the EMC directive some more?
I am not familiar with it.
Assuming it said products must do X by Y date, It seems highly likely that
there would be products "on the market" but in a retailers inventory and not
yet sold on Y date minus a day. These are the products on the first pallet
in my scenario.
Were retailers required to clear their shelves at midnight?
Nick, you mentioned four ways to manage non-compliant product.
1) Make sure you don't have any left in your supply pipeline by the time 1
July 2006 comes around.
I agree that is the one to work toward, but in reality, It is certainly
feasible that a product can sit in a wholesaler's or retailer's inventory
for a few months. I see nothing to indicate these products are illegal. Am I
missing something?
BTW, grandfathered means exempted. It must be a US term. Sorry for the
confusion.
Thanks again for your insights
Dan
-----Original Message-----
From: Brian Ellis [mailto:[log in to unmask]]
Sent: Monday, April 05, 2004 11:40 AM
To: [log in to unmask]
Subject: Re: [LF] FW: Transition of WEEE and RoHS
Nick
I hope the judges can also distinguish EC legal speak from the
dictionary definition. Even the OED is rather vague about the definition
and it could certainly be interpreted badly. IMHO the interpretation you
quoted is very ambiguous and consequently a good lawyer could drive a
horse and cart through it. The word "product" should not have been used.
Hee-hee :-)
Brian
Jolly Nick (Mr N) wrote:
> Brian
>
> Chris is right though I too, when I first came across the term, thought
> product meant product line but was corrected by our legal people.
>
> Product in EC speak is each individual piece of equipment.
>
> Regards
>
> Nick
>
>
>
> -----Original Message-----
> From: James, Chris [mailto:[log in to unmask]]
> Sent: 05 April 2004 15:42
> To: [log in to unmask]
> Subject: Re: [LF] FW: Transition of WEEE and RoHS
>
>
> No that is not correct. The RoHS is applied just the same as the EMC
> directive. So for the RoHS that means the sale of products as defined by
the
> directive may not contain lead (or other perscribed substances) after July
> 2006 irrespective of how long they may have already been sold for.
>
> Regards,
>
> Chris
> _______________________________________________
>
>
> Chris James
> Engineering Services Manager
> Dolby Laboratories, Inc. (UK)
> Direct: 01793 842136
>
>
> -----Original Message-----
> From: Leadfree [mailto:[log in to unmask]] On Behalf Of Brian Ellis
> Sent: 05 April 2004 15:30
> To: [log in to unmask]
> Subject: Re: [LF] FW: Transition of WEEE and RoHS
>
>
> Nick
>
> Are you sure you really mean "placing on the market is the initial action
of
> making a product available for the first time on the Community market,
with
> a view to distribution or use in the Community."? If I had a factory
making,
> say, a DVD player model XYZ1234 and I started to sell that product in the
EU
> before 1 July 2006, I could continue to manufacture and sell it with
> lead-bearing solder, until 2020 or later, according to your
interpretation,
> assuming it was so good that it remained marketable for 14+ years :-)
>
> What a loophole !!!
>
> Brian
>
> [log in to unmask] wrote:
>
>
>>Pascal
>>
>>You are quoting from the responses to DTI's first consultation. The
>>second paper,
>>
>>http://www.dti.gov.uk/sustainability/weee/consultationpartiii.pdf
>>
>>part of which I have pasted below, is based on further input from the
>>European Commission. Most respondents agreed with the proposal and we
>>will be using this definition.
>>
>>I'm no legal expert but believe this means when it is first offered
>>for sale rather than when it left the factory gates.
>>
>>
>>Part III - The RoHS Directive
>>Issue 2 - Definition of "Put on the Market"
>>11. Article 4 of the RoHS Directive states that "Member States shall
>>ensure that, from 1 July 2006, new electrical and electronic equipment
>>put on the market does not contain" any of the restricted substances.
>>Considerable concern has been expressed about the term "put on the
>>market" and a number of alternative interpretations have been put
>>forward. The Government proposes to:
>>. transpose the term "put on the market" in the implementing
>>Regulations taking into account the context in which it
>>appears in Article 4 of the Directive; and
>>. make reference to the interpretation offered by the European
>>Commission in its Guide to the implementation of Directives
>>based on the New Approach and the Global Approach in the
>>guidance that will be issued to assist companies to comply
>>with the requirements of the Directive. That interpretation is
>>that "placing on the market is the initial action of making a
>>product available for the first time on the Community market,
>>with a view to distribution or use in the Community."
>>Question 2
>>Do you agree with the Government's intended approach in
>>relation to the term "put on the market"?
>>
>>
>>Regards
>>
>>Nick
>>
>>From: Nick Jolly, Dept. of Trade & Industry
>> Electronics Unit
>>E-mail: [log in to unmask]
>>Tel: +44 (0)20 7215 1331
>>Fax: +44 (0)20 7215 1966
>>Mobile: 0787 640 7444
>>Snail: Bay 254
>> 151 Buckingham Palace Road
>> London SW1W 9SS
>>
>>
>>-----Original Message-----
>>From: Pascal Guiheneuf [mailto:[log in to unmask]]
>>Sent: 05 March 2004 09:01
>>To: [log in to unmask]
>>Subject: Re: [LF] FW: Transition of WEEE and RoHS
>>
>>
>>Hello, Dan,
>>
>>My feeling is that your concern shall be addressed by Member States
>>for the transposition, before August 13th 2004. You are looking for a
>>legal topics.
>>
>>You can have a look at
>>http://www.dti.gov.uk/sustainability/weee/index.htm#Consultation_on_Go
>>vernme
>>nt_implementation where you will see the item addressed by UK government,
>>with suggestions for the decree. They questionned people on them.
>>
>>ROHS DIRECTIVE QUESTION 1
>>Concern has been expressed about the term 'put on the market'. Does
>>this mean equipment manufactured after 30 June 2006, all equipment
>>leaving the manufacturer's premises after this date or all equipment
>>on sale to the final user after this date? The Government would
>>welcome your views on what you consider to be the most practicable and
>>unambiguous interpretation. Our initial view is that it should apply
>>to goods leaving the factory gate (or, where manufacture takes place
>>outside the single market, on entry to the EU).
>>
>>Results :
>>
>>Meaning for EU Countries.
>>1. No View (26%)
>>2. Manufactured After 30th June
>>2006 (14%)
>>3. Leaving Factory Gate (45%)
>>4. On Sale to Final User (1%)
>>5. Other (14%)
>>
>>Meaning for non-EU Countries.
>>6. No View (39%)
>>7. Entry to the EU (57%)
>>8. Other for Outside EU (4%)
>>
>>Alternative suggested definitions, for 'put on the market' within the
>>EU,
>>included:
>>* 'When it is introduced for the first time into any part of the
>>distribution chain in
>>the EU.'
>>* 'Date of manufacture as identified on the rating plate.'
>>* 'The definition [...] should be the same as that defined in Clause 2.3
>
> of
>
>>'Guide to
>>the implementation of Directives based on the New Approach and the Global
>>Approach''.
>>Alternative suggested definitions, for 'put on the market' outside the EU,
>>included:
>>* 'goods received by the importer after 30 June 2006.'
>>* 'should apply to goods leaving the factory gate even the manufacturer is
>>located
>>outside the single market.'
>>
>>Pascal GUIHENEUF
>>Nortel France
>>
>>-----Original Message-----
>>From: Kallin, Dan [mailto:[log in to unmask]]
>>Sent: jeudi 4 mars 2004 21:46
>>To: [log in to unmask]
>>Subject: [LF] FW: Transition of WEEE and RoHS
>>
>>
>>
>>
>>>I have a WEEE / RoHS implementation question(s) for the group . I was
>>>asked,
>>>
>>>..... regarding the phase-in of this policy. Will current products be
>>>grandfathered even if they are physically manufactured after that date
>>>(and for how long) or does the grandfathering only apply to inventory
>>>that is already produced and stored before the start date of the new
>>>regulation?
>>>
>>>My understanding is as follows:
>>>* the "phase in" period ENDS on July 1, 2006
>>>* The directives are applied to individual products, not product
>>>lines.
>>>* A product is placed on the market when it leaves an EU manufacturer
>>>or is cleared through an EU Country customs for distribution in an EU
>>>state.
>>>
>>>An extreme hypothetical example may be...
>>>You have two pallets of radios waiting to clear customs (i.e. 'put on
>>>the market'). One clears on Friday June 30 2006. The other does not
>>>clear until Monday July 3. The products on the first pallet can have
>>>lead in them. The products on the second cannot.
>>>
>>>My questions are:
>>>1 - Is my understanding correct?
>>>
>>>2 - Does anyone have any idea how existing, non-compliant inventory
>>>will need to be managed?
>>>
>>>Thanks
>>>__________________________________________
>>>Dan Kallin Environmental & Safety Engineer
>>> Bose Corporation Framingham, MA 01701
>>> [log in to unmask]
>>> 508-766-7136 (phone)
>>> 508-766-7086 (fax)
>>>__________________________________________
>>>
>>
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