Making available on the market
Making available is the umbrella term for any supply of a product on the EU market. Whether money changes hands is irrelevant; what matters is that the supply takes place in the course of a commercial activity.
Making available on the market is any 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 first time a product is made available is called placing on the market; every subsequent supply is only making available.
Definition in the Regulation
Article 3, point (22), of Regulation (EU) 2024/2847 defines making available on the market as "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". Article 3, point (21) builds on this: placing on the market is the first making available. The commercial activity is the deciding criterion. Recital 15 lists indications of it, such as charging a price for the product, charging for support beyond the recovery of costs, or processing personal data as a condition of use. Under recital 20, providing software through package managers or open repositories is not placing on the market; operators of such platforms are distributors only if they supply in the course of a commercial activity.
What it means for manufacturers
For the manufacturer, the first making available is the reference date for documentation, conformity assessment and CE marking. Distributors make products available without placing them on the market; the verification duties of Article 20 apply to them. Giving a product away does not take it outside the Regulation: a free app that serves as a platform for paid services is made available in the course of a commercial activity. Conversely, under recitals 15 and 18, a hobby project with a donation link and no intention of making a profit is not a commercial activity and therefore falls outside the Regulation. If you are unsure whether your own supply is covered, check the commercial activity first, then the role.
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