In message <78eac2d97114034eb62aaa10fcc2510609d2d...@usa7061ms01.na.xerox.net>, dated Fri, 2 Oct 2009, "Spencer, David H" <david.spen...@xerox.com> writes:
>I'm not a legal expert by any means. However, if a product is placed on >the market in the EU and accompanied with a DoC, isn't it implied that >the product meets the legal requirements specified by CENELEC? I think Mr. Gremmen is being 'strictly legal'. CENELEC specifies requirements but the legal aspect is a matter for the Commission. >If CENELEC specifies that a product class must meet a given standard >(EN or IEC), ... but it doesn't, and can't; not even the Directive does that. > doesn't that make it legally binding if that product is place on the >market? The standard being the de facto binding document that the DoC >is based upon. That is probably true, because the DoC is a legal declaration, and if it is untrue, an offence has been committed. > >I am still a bit confused as to why if in the OJ, a give standard is >referenced, that an older standard may be applied if referenced by a >product specific standard? Nevertheless, it is so. Look back up the thread to the article by Brian Jones. He is the Secretary of CLC/TC210, so you can rely on that article. >I could give hypothetical examples; yet, it seems at though anything >listed within the OJ takes legal precedence, regardless of additional >product specific requirements. It is a paradox, indeed, but the Commission can't amend a reference in a standard by publishing the number of a newer version of the referenced standard in the OJ. However, many standards that are referenced in EMC product standards are not notified in the OJ, such as the Basic standards. > >I should point out that in EN61326-1:2006, Annex ZA (NORM), Note 2 >specifies EN61000-3-2:2006 as the applicable standard, though it's not >in Section 2. Annex ZA takes precedence over Clause 2. -- OOO - Own Opinions Only. Try www.jmwa.demon.co.uk and www.isce.org.uk Things can always get better. But that's not the only option. John Woodgate, J M Woodgate and Associates, Rayleigh, Essex UK - This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to <emc-p...@ieee.org> All emc-pstc postings are archived and searchable on the web at: http://www.ieeecommunities.org/emc-pstc Graphics (in well-used formats), large files, etc. can be posted to that URL. Website: http://www.ieee-pses.org/ Instructions: http://listserv.ieee.org/request/user-guide.html List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <emcp...@socal.rr.com> Mike Cantwell <mcantw...@ieee.org> For policy questions, send mail to: Jim Bacher: <j.bac...@ieee.org> David Heald: <dhe...@gmail.com>
