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making-available-on-the-market-vs-placing-on-the-market

Placing on the Market vs. Making Available on the Market

Last updated:

05 December 2025

3 min read

DEFINITION

Placing on the market refers to the first making available of a product on the EU market; making available refers to any supply of a product for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge. This distinction determines the obligations and timelines for compliance documentation, labelling, and market surveillance.

DeclarationPlacing on the Market vs. Making Available on the Market

Placed on the market refers to the point at which a product is first made available or supplied within the EU; subsequent transfers are classified as making available. Depending on the specific legal act, both actions trigger verification, information and cooperation obligations for economic operators, which are monitored by market surveillance authorities.

In practice, companies must clearly document the initial making available (placing on the market), clarify responsibilities for labelling/DoC, and ensure that accompanying information is provided in the correct language for every transaction where the product is made available. Online distribution and distance sales are included and are subject to the same principles.

Key Points

- Placing on the market for the first time triggers verification and labelling obligations.

- Making available on the market relates to dealer/distribution obligations.

Further Resources

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