[volt-nuts] Availability of 3458A in Europe after the end of 2016.

[Dimitrij Klingbeil]

As far as I can interpret the directive, not being an expert on any things 
legal:

It looks like they are exploiting the difference in definitions between to 
"make available on the market" and to "place on the market", where to "place 
on the market" is defined as to "make available on the market for the first 
time".

The legal restriction states that "Member States shall ensure that EEE 
placed on the market, including cables and ... , does not contain the 
substances listed in ...". Please note that there is only a "placed on the 
market" phrase in there, not a "made available on the market" or an 
equivalent.

It therefore does not explicitly restrict making equipment available on the 
market in general, but only the placement of it on the market - that is the 
"first time" "making it available on the market".

Therefore it would be allowed NOW (since we don't have 31.12.2016 yet) to 
sell said equipment to a distributor, a company that is, from a legal 
perspective, an independent economic operator. This "for the first time" 
sale, once it has happened inside the EU, would constitute the "placement on 
the market", and as of now, it's still legal. The distributor may own and 
stock the items in question for an indefinite time (this is not restricted) 
and also continue to sell them. Subsequent resale is only "making available 
on the market", not "placement on the market" as the sale of each item is 
not happening "for the first time" any more (since this has already been 
done in the original sale from the manufacturer to the distributor, before 
the restriction went into effect).

Dimitrij

----- Original Message ----- 
From: "Dr. David Kirkby (Kirkby Microwave Ltd)" 
<drkirkby at kirkbymicrowave.co.uk>
To: "Discussion of precise voltage measurement" <volt-nuts at febo.com>
Sent: Saturday, October 29, 2016 6:57 PM
Subject: [volt-nuts] Availability of 3458A in Europe after the end of 2016.


> The 3458A page on the Keysight website is interesting.
>
> "Notice for European Union Customers: This product is not updated to EU
> RoHS compliance and can be ordered via Keysight directly or Keysight
> Authorized Distributors until 31 December 2016. Beyond this date, the
> product can still be purchased from Keysight Authorized Distributors.
> Please contact Keysight Authorized Distributors or your local Keysight
> sales representative for quotation and ordering."
>
> It seems you can't buy it from Keysight, but you can from their
> distributors. But most times I've contacted Keysight about buying things,
> they tell me to get them from their distributors anyway.
>
> If I interpret
>
>
> https://www.gov.uk/guidance/rohs-compliance-and-guidance
>
> correctly, nobody should be stick non-compliant things in the EU market.
>
> I can't be bothered to read in detail the
>
> "DIRECTIVE 2011/65/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8
> June 2011 on the restriction of the use of certain hazardous substances in
> electrical and electronic equipment (recast)"
>
> http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:174:0088:0110:EN:PDF
>
> as I some paint I want to watch dry. But a cursory glance shows 
> exceptions,
> but none seem relevant to a 3458A.
>
> Dave
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