If you want to know what the law says, look at the law. In this case, unfortunately, it was written – as these things usually are – by a creature from the planet Zog masquerading as a speaker of human language. Here it is: **LINK**
Note the critical bit (it's in the Annex on page 4, would you believe – all the previous bit is actually just background justification) is "shall not be placed on the market". Some suppliers say they have legal advice which says this means it cannot be given away. I must say that my personal view is that giving something away is the very antithesis of placing it on the market, but if you look at the earlier EU (or EC as it then was) legislation it does indeed say:
"Placing on the market: means supplying or making available, whether in return for payment or free of charge, to a third party…"
See df">http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=oj:l:2006:396:0001:0849:en
df , page 55
David
Sorry, this forum software is complete pants, it's wrecked the link again! You can find the regulation by looking at the post above mine and clicking on the 2006 link at the bottom of the page.
Edited By David Littlewood on 24/08/2012 23:52:42