NLF interpretative Fiche - Distributor’s obligations for products in stock and used products

Published: 3 May 2011

Policies & Issues: Internal Market - Compliance, Standards & Enforcement

Clarification of the scope of Decision 768/2008/EC that the obligations of the distributor do not apply to products already in stock and used products.

Article R5.2 of the Decision 768/2008 describes the obligations for distributors “before making a product available on the market”.  This creates a significant degree of uncertainty in the case of products that were placed on the market under legislation in force at the time a product was supplied to the distributor. 

The uncertainty derives from the lack of a relevant interpretation in the current Guide to the implementation of Directives based on the New Approach and the Global Approach ('Blue Guide'), which only explains the notion of placing on the market (i.e. making available for the first time)

Related Position Papers

Internal Market: For a restored mutual trust in a market-relevant European Standardisation System [24 September 2019]

Towards effective, efficient EU market surveillance: all for a level-playing field without additional burdens for legitimate manufacturers [6 December 2018]

For simpler compliance with and smarter enforcement of EU harmonisation legislation: Orgalime comments on the amendments of the European Parliament to the Commission proposal on Compliance and Enforcement [6 July 2018]

For simpler compliance with and smarter enforcement of EU harmonisation legislation: comments on the Commission proposal for a Regulation laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products [5 April 2018]

Orgalime calls for improved enforcement of harmonisation legislation for safe and compliant products [21 February 2018]

Simpler and more effective market surveillance of products is urgently needed [21 September 2017]

Orgalime guidance on the manufacturer’s obligations for the combination of a machine with radio equipment [12 June 2017]

Call to preserve the EU ‘New Approach’ as one of the Single Market’s best regulatory techniques [8 March 2017]

For an efficient market surveillance of online trade: suggestions for the better handling of fulfilment centres in the enforcement of EU harmonisation legislation [13 February 2017]