Are products that are manufacturer only for one’s own use in scope of the CRA?
“Placing on the market is considered not to take place where a product is manufactured for one’s own use” (The ‘Blue Guide’ on the implementation of EU product rules 2022[1], section 2.3).
The CRA applies when a product with digital elements is placed on the market (and subsequent instances of making that product available). The Blue Guide on the implementation of EU product rules 2022 (henceforth, the Blue Guide) clarifies that placing on the market is not considered to take place when a product is manufactured for one’s own use.[2]
For example, development and configuration tools developed by the manufacturer of a product with digital elements for its own use are not in scope of the CRA, unless they are placed on the market as separate products.
Commission notice - The ‘Blue Guide’ on the implementation of EU product rules 2022 (2022/C 247/01), https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:C:2022:247:FULL ↩︎
This is not the case where Union harmonisation legislation covers products manufactured for own use in its scope. The CRA, however, does not cover products manufactured for own use in its scope. ↩︎
Disclaimer
Disclaimer: This document is prepared by the Commission services and should not be considered as representative of the European Commission’s official position. The replies to the FAQs do not extend in any way the rights and obligations deriving from applicable legislation nor introduce any additional requirement. The expressed views are not authoritative and cannot prejudge any future actions the European Commission may take, including potential positions before the Court of Justice of the European Union, which is competent to authoritatively interpret Union law.