Glossary
Glossary term

making available on the market

A market-access term describing when a product is supplied for distribution, consumption, or use on a market in the course of commercial activity.

3 official sourcesrelated_but_not_identical

What does making available on the market mean?

Making available on the market is a core legal trigger phrase in product regulation. It matters because many obligations attach not to manufacturing alone, but to the act of supplying a product into a regulated market.

Official definitions by source

ESPR

Regulation (EU) 2024/1781 establishing a framework for the setting of ecodesign requirements for sustainable products

any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

Reference: Article 2, point 39

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EU Battery Regulation

Regulation (EU) 2023/1542 concerning batteries and waste batteries

any supply of a battery for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

Reference: Article 3, point 17

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EUDR

Regulation (EU) 2023/1115 on deforestation-free products

any supply of a relevant product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

Reference: Article 2, point 18

View official source

How the definitions differ

Making available on the market is a regulatory term used across ESPR, EU Battery Regulation, and EUDR; it generally refers to any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge, but the exact legal scope depends on the source definition.

Why it matters in practice

This term matters when companies need to determine which commercial actions trigger documentation, labeling, or market-surveillance obligations. It is especially useful for separating warehousing, internal transfer, and true market supply scenarios.

Minespider commentary

For Minespider, this term is valuable because it links commercial events to compliance states. Glossary users should be able to see that market-access language often controls when evidence must already exist, not when it can be assembled later.

Common confusions

  • Assuming the everyday meaning of making available on the market is enough without checking the official source definition.
  • Treating definitions of making available on the market as fully interchangeable across ESPR, EU Battery Regulation, and EUDR.
  • Confusing making available on the market with a neighboring legal actor or responsibility term without checking how the source allocates obligations.