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

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)