Can I stockpile non-compliant EEE for sale after 1 July 2006?
No, the EC’s ‘Guide to the implementation of directives based on the New Approach and the Global Approach’ (the ‘blue book’) available here states Under the sixth bullet point in section 2.3.1 that “placing on the market is considered not to take place where a product is in the stocks of the manufacturer…”. Therefore it is our view that goods stockpiled in a manufacturer’s warehouse are not yet on the market. However, this applies to manufactured goods; imports of finished product that have cleared customs and are being held by the producer without any further process required are on the market.