"Putting it on the market" is the act of making (the individual) unit for
sale to a prospective buyer.

Therefore your unit is NOT exempt if you put an individual unit "on the
market" on or after the 13th August 2005 in the case of WEEE or 1st July
2006 in the case of RoHS unless your class of equipment has other
specifically referenced exemptions documented in the acts.

For the purposes of imported equipment, the unit clearing customs is
generally the point at which it can be fairly said to be available for sale
since before that point it is not available for sale.

Kind regards,

John Burke.

------------------------------------
Avanex
John Burke
Senior Manager RoHS Compliance
[log in to unmask]
40919 Encyclopedia Circle
Fremont
CA 94538
tel: 510 897 4250
fax: 510 979 0189
mobile: 510 676 6312
------------------------------------


-----Original Message-----
From: Leadfree [mailto:[log in to unmask]]On Behalf Of Jim Nolan
Sent: Tuesday, May 24, 2005 10:43 AM
To: [log in to unmask]
Subject: [LF] "put on the market"


Our company management is still struggling with the term "put on the
market".  I have seen this interpreted as " 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". Our product was designed
and introduced into the European market fifteen years ago, therefore is
it exempt from RoHS and WEEE?  Do the Directives refer to new products
only?  Where can I find clarification with regard to new and old product
requirements?



Sincerely,

Jim

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