John,
You said
"UNLESS Company A is outside the EU while Company B is inside it. In that
case, Company B bears joint responsibility."
I know there is some vairability among directives and regulations, but the
trend seems to be to assign full manufacturer responsibility to importers so
Company B has full responsibility.
In fact, I think Company B can only be a gray marketer or an AR, they cannot
"just" be a distributor if they are importing, because most legislation
equates importing with manufacturing and this would trump any concept of
distributor. So either way Company B gets all the pain and they can only pass
it on (i.e. share it) to Company A via contract terms. As far as the
legislation goes, Company A does not exist because it is not incorporated in
the EU.
Have I missed something?
Regards,
Lauren Crane
Applied Materials
america - europe - asia
Corporate Product EHS
www.amat.com
lauren crane (mr.)
product regulatory analyst
(t) +1.512.272.6540
lauren_cr...@amat.com
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John M Woodgate <j...@jmwa.demon.co.uk>
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Subject
Re: definition of manufacturer
In message <213049.95688...@web36202.mail.mud.yahoo.com>,
"gdstuyvenb...@yahoo.com" <gdstuyvenb...@yahoo.com> writes
>Suppose company A manufactures, assembles, tests and CE marks a product
>for available sale. As a courtesy to customers, Company B makes the
>product available by giving it a company B part number for the customer
>to order as an accessory to it's main product line. Company B does not
>"brand label" the accessory, but rather leaves all Company A markings
>intact. Who is responsible for meeting the requirements of the EMCD,
>company A or B?
Company B is just acting as a distributor of a product declared
compliant by Company A. Of course, Company B might think it prudent to
verify the claim of compliance, but has no legal responsibility UNLESS
Company A is outside the EU while Company B is inside it. In that case,
Company B bears joint responsibility.
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This is my travelling signature, adding no superfluous mass.
John M Woodgate
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