§2.6 Putting into service or use (and installation)

— The moment of putting into service is relevant for some Union harmonisation legislation. — Putting into service takes place at the moment of first use within the Union by the end user for the purposes for which it was intended. Putting into service takes place at the moment of first use within the Union by the end user for the purposes for which it was intended (68) (69). The concept is used, for example, in the field of Lifts, Machinery, Radio equipment, Measuring instruments, Medical devices, in vitro diagnostic medical devices or products covered by the EMC or ATEX-Directives, in addition to placing on the market, and results in the scope of Union harmonisation legislation being extended beyond the moment of making available of a product. Where the product is put into service by an employer for use by his employees, the first use is considered as putting into service. Member States may not prohibit, restrict or impede the putting into service of products that meet the provisions of the applicable Union harmonisation legislation (70). However, Member States are allowed to maintain and adopt, in compliance with the Treaty (in particular Articles 34 and 36 TFEU) and subject to Union harmonisation legislation, additional national provisions regarding the putting into service, installation or use, of products. Such national provisions may not require modifications of a product manufactured in accordance with the provisions of the applicable Union harmonisation legislation or prevent that products complying with Union harmonisation legislation can be made available in that Member State. Unless otherwise provided for in specific Union legislation, where products have been placed on the market in compliance with the Union harmonisation legislation applicable at that time, they can also be put into service even if that legislation has been amended after the products are placed on the EU market and therefore they do not entirely comply with the new EU legislation. The need to demonstrate compliance of products at the moment of putting into service, and – if applicable – that they are correctly installed, maintained and used for the intended purpose, should be limited to products: — which have not been placed on the market prior to their putting into service (for example products manufactured for own use where own use is within the scope of the applicable Union harmonisation legislation) or which can be used only after an assembly, an installation or other manipulation has been carried out; or — whose compliance can be influenced by the distribution conditions (for example storage or transport).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07