Nick, 

Not the Commission per se. The point was mentioned in a public consultation 
document put out by Oeko Institut (I assume at the direction of the 
Commission), link provided below, and "offending" paragraph as follows

" As a consequence of the current wording, non-compliant products that have 
been placed on the market3 between January 2013 and July 2019, are not allowed 
any secondary market operations after 22 July 2019."

http://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_IA_2_2/Products_newly_in_scope/Questionnaire_Products_newly_in_scope_final.pdf


There is a broader interpretation of this that has been expressed by UK NMO. 
Ref the slide deck posted at http://www.aham.org/ht/a/GetDocumentAction/i/61298

Which includes "Article 2.2 uses the term "make available" and not "place on 
the market". Non-compliant EEE on the market cannot continue to be distributed 
after 22 July 2019."

Hope that helps.... 

Regards,
Lauren Crane
KLA-Tencor


-----Original Message-----
From: Nick Williams [mailto:nick.willi...@conformance.co.uk] 
Sent: Friday, May 23, 2014 6:53 AM
To: Crane, Lauren
Cc: EMC-PSTC@LISTSERV.IEEE.ORG
Subject: Re: [PSES] RoHS on Hardware

Lauren,

Are you able to point to anything published by the Commission on this?

Nick. 

On 20 May 2014, at 18:15, Crane, Lauren <lauren.cr...@kla-tencor.com> wrote:

> 
> It has recently been interpreted (by Commission and other authorities) as 
> prohibiting the resale of any in-scope but out-of-compliance EEE after July 
> 2019 because of an awkward wording in Article 2(2) --> i.e., no 
> grandfathering even for items already on the market.  There is a project 
> afoot to possibly amend this concern (a public consultation recently closed 
> about this, I believe). 
> 
> Regards,
> Lauren Crane
> KLA-Tencor
> 
> 

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