What is the difference between "placing on the market" and "making available on the market" with regard to legacy products?
Please note:
The interpretation of the legal text underlying this FAQ is inconsistent. We recommend the safe route of the strictest interpretation here, and advise following further discussions on the topic.
Answer:
According to Art. 3 (21) CRA, "placing on the market" means the first time a product with digital elements is made available on the EU market. According to Art. 3 (22) CRA, "making available on the market" means "the supply of a product with digital elements for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge". The question of whether the term "product" refers to a product model or to all individual items of a product model is interpreted differently, with the European Commission currently basing its understanding on the 
Blue Guide (see FAQ "Does the CRA apply to products that were placed on the market for the first time before December 11, 2027, but which are still offered by the manufacturer in an unmodified state after that date?").
Following the strict interpretation, this means that the term "product" in Art. 69 (2) CRA only refers to those individual items of a product model that were supplied on the EU market before December 11, 2027, in the course of a commercial activity.
Keywords
CRA; Legacy product; Making available on the market; Placing on the market
Most recent content update of this FAQ: November 2025
Next FAQ: If alternative spare parts are installed for legacy products since the original parts are no longer available, does the CRA only have to be complied with for these spare parts or for the legacy product as a whole?
