The ‘Blue Guide’ on the implementation of EU product rules 2016 was published on April 5, 2016. The ‘Blue Guide’ provides EU Guidance on how European Union regulations apply to products that are manufactured in the EU or imported into the EU. It also describes the rules surrounding the free movement of products within Europe.

The Blue Guide is very important to foreign manufacturers in understanding how and when regulatory requirements apply to their products, especially when a new regulation is implemented and new requirements need to be met.

With regard to the EU RoHS Directive, the Blue Guide provides guidance on the interpretation of what is a finished product and on the terms “placing on the market” (section 2.3) and “making available on the market”.

Most of the changes in the 2016 Blue Guide compared to the previous 2014 version are to provide additional detail and clarification in the guidance, particularly with regard to new business models. The Guide provides:

• additional clarification of several terms used in EU regulations and that the rules are applicable to the EU market as whole and not individual national markets;
• more information about responsibility when products are sold online and then shipped to the end user;
  • Section 2.2 titled “Placing on the Market” provides examples of when an online sales channel is “specifically targeted at EU consumers”.
• Section 2.4 on “Products Imported From Countries Outside the EU” is nearly twice as long in the new version, and now explicitly addresses the responsibility of customs authorities and market surveillance authorities.