Placing on the Market

Placing on the Market refers to the first time a product is made available on the European Union (EU) market, either for distribution, consumption, or use, whether in return for payment or free of charge. This legal concept is defined in Regulation (EU) 2019/1020 and sector-specific legislation such as the Radio Equipment Directive (RED) 2014/53/EU.

It marks the moment when a product becomes subject to all applicable EU legal requirements, including conformity assessment, CE marking, and the availability of a Declaration of Conformity (DoC).

Legal Relevance

• Placing on the market occurs once per product and economic operator in the EU. Subsequent transfers of ownership are considered making available.

• Economic operators include:

  • The manufacturer (if established in the EU),

  • The importer (for non-EU manufacturers),

  • An authorized representative (if appointed),

  • and in some cases the distributor, e.g., in distance selling.

• The concept applies to each individual product unit, not just the product type.

• Online sales: A product offered online is considered placed on the market if the offer is directed at end users in the EU, even if shipped from outside the EU.

• For imported products, the importer performs the act of placing on the market.

Key Implications

• At the time of placing on the market:

  • The product must comply with all applicable EU legislation.

  • A valid Declaration of Conformity (DoC) must be issued.

  • The product must be correctly CE marked and labeled.

  • Technical documentation must be completed and made available in a language accepted by the relevant Member State authority.

• Responsibilities differ:

  • Manufacturers are responsible for product design, documentation, and initial compliance.

  • Importers must ensure the product meets EU requirements and provide access to documentation.

• The assessment of legal compliance is based on the regulatory framework in effect at the time of placing on the market, not retroactively.