For a lot of smaller companies over seas the only solution is to find
someone
who actually  is ready to hold the MDoc and sign for your product. This
means that he wants to be covered against government claims (going to jail).
These
guys want you to sign a contract protecting them against the consequences
if your product fails. To protect them in the case that the manufacturer
goes
bankrupt, AND the product fails, substantial amounts of money are to be
reserved.
Holding the file can be expensive thus.  Having good test reports with
convincing data
and a firm quality control system will lead to lower costs.
Our firm actually hold the files of several clients that we did the testing
for, in this way,
as WE did the testing we can be very confident that the product actually
does
comply. We require however annual inspection of the equipment brought to
market,
and reserve the right to end holding files in case of non-compliance.
The annual fees are dependent of the total amount of sold equipment
inspection
costs.

Regards,

Gert Gremmen Ing.

== Ce-test, Qualified testing ==
Consultants in EMC, Electrical safety and Telecommunication
Compliance tests for European standards and ce-marking
Member of NEC/IEC voting committee for EMC.
Our Web presence: http://www.cetest.nl
List of current harmonized standards http://www.cetest.nl/emc-harm.htm
15 great tips for the EMC-designer http://www.cetest.nl/features01.htm



-----Original Message-----
From:   owner-emc-p...@majordomo.ieee.org
[mailto:owner-emc-p...@majordomo.ieee.org] On Behalf Of Peter E. Perkins
Sent:   donderdag 4 maart 1999 5:50
To:     PSNetwork
Subject:        CE marking - self-certification and the long arm of the law


PSNet & Richard,

        The legal questions can only be answered by European lawyers and
courts.  As far as I know, there have not been any cases which looked to
hold non-Europeans responsible to the extent they would be fined or serve
jail time.  If it is a major problem we can expect international
negotiations to extradite folks for this.

        But practically,  if the product is sold by a company which has any
European presence - a subsidiary, dealer or importer - the courts probably
could find a way to hold one of those folks responsible.  I know of a case
where the President of a sub was jailed because a product didn't meet
European safety requirements.  I have heard of another case where an
executive of a large company was handcuffed and taken away at immigration
because he was named as being responsible for some action that was not
allowed in Europe - unfortunately, this poor fellow was coming to Europe
for a vacation, not on company business and his wife and family were just
left standing there to fend for themselves...

        For smaller companies, I recommend that they get one of their Euro
contacts - importers, dealers, etc. - to countersign the MDoC to provide
the 'going to jail' person.  There are, also, some firms (legal firms, as I
remember) who will sign and hold your MDoC, etc for a nominal fee...

        What other routes might be available?  perhaps others have some
ideas...


        - - - - -

        Peter E Perkins
        Principal Product Safety Consultant
        Tigard, ORe  97281-3427

        +1/503/452-1201 phone/fax

        p.perk...@ieee.org      email

        visit our website:

                http://ourworld.compuserve.com/homepages/peperkins

        - - - - -

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