‘Making a product available on the market' means any supply, whether in return for payment or free of charge, of a product for distribution, consumption or use on the Union market during a commercial activity. 'Making available' is a concept that applies to individual units or products.
Only compliant products can be made available along the delivery chain. The central role of the concept of 'making available' is to indicate that all economic operators which are part of the supply chain do play an active role in ensuring that only compliant products circulate. Member States authorities have also the obligation to ensure that only compliant products are made available. This means that compliance with those Ecodesign requirements that were applicable at the time of its placing on the market, can be checked at any point of the making available of the product until they reach the end-user.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.