Carl has sent many notes Re the definition of "putting on the market." He is working with a relatively large company that has decided that they can continue to ship their older products since they were "put on the market" before 1 July 2006. A recent internet listing has encouraged this perspective. There is almost universal agreement that this perspective is incorrect.
Let's use an example to illustrate. Harry Potter's broom model, a Nimbus 2000, is covered under RoHS. Although magic is used in many aspects of the broom's performance, Nimbus has found that a GPS systems provides better positional accuracy. (I'm told by Dr. Theodys Dumbeldor, Nimbus's Chief Scientist, that the lact of accurate positioning using magic is due to some fundamental quantum effect, GPS is about 3 times more accurate.) Since the broom's position is vital to its performance, the broom is covered under WEEE and RoHS in the consumer products category. Nimbus accepts this position, so they agree that their products must be RoHS compliant. Harry's broom (serial number 1071) was manufactured well before 1 July 2006. His friend Ron (who is normally strapped for cash) has comes into a small windfall and on 15 July 2006 would like to purchase a new broom. Even though the new Nimbus 3000 was released on 10 July 2006, Ron still would like to purchase a Nimbus 2000 (serial number 2712), which will be shipped to him on August 1, 2006.
Must Ron's Nimbus 2000 (#2712) be ROHs compliant? Yes, because it was "put on the market" after 1 July 2006. For those who think that "put on the market" only applies to new models (like the Nimbus 3000), the "nail in the coffin" to this perspective is RoHs Article 2, paragraph 3:
3. This Directive does not apply to spare parts for the repair, or to the reuse, of electrical and electronic equipment put on the market before 1 July 2006. (i.e spare parts are exempt.)
If RoHS only applied to new models this paragraph would not be needed.