Brian The EU produces a number of pieces of legislation:
EU Directive have no power until implemented into National Legislation. Determination of compliance and prosecution is done by national bodies under national legislation They should be implemented without modification or gold plating, but . . . . EU Regulations are law from moment they are published EU Decisions are just guidance to be considered when legislation is made Unsurprisingly, "Brussels" like Regulations . . . Regards Charlie -----Original Message----- From: Brian Oconnell [mailto:oconne...@tamuracorp.com] Sent: 27 April 2014 21:04 To: EMC-PSTC@LISTSERV.IEEE.ORG Subject: Re: [PSES] Retailer vs. Distributor RE: [PSES] SV: [PSES] New EMC Directive If your message is understood, published directives have no meaning until each member state publishes a statue that implements the respective directive; and that each member state could publish implementation statues that do not contain the original intent and/or meaning of the directive. Probably confused because moi hath only spake redneck. Brian From: ce-test, qualified testing bv - Gert Gremmen [mailto:g.grem...@cetest.nl] Sent: Sunday, April 27, 2014 2:22 AM To: EMC-PSTC@LISTSERV.IEEE.ORG Subject: Re: [PSES] Retailer vs. Distributor RE: [PSES] SV: [PSES] New EMC Directive Hi Han, Blue Guide 2014 par 1.4 on liability: Liability, the responsibility to pay for damages, is placed on the producer. A producer is either a manufacturer of a finished product or a component part of a finished product, producer of any raw material, or any person who presents himself as a manufacturer (for example by affixing a trademark). Importers placing products on the Union market from third countries are all considered to be producers under the Directive on product liability. If the producer cannot be identified, each supplier of the product becomes liable, unless he informs the injured person within a reasonable time of the identity of the producer, or of the person who supplied him with the product. When several persons are liable for the same damage, they are all jointly and severally liable. On the Importer (par 3.3) The importer must ensure that the manufacturer has correctly fulfilled his obligations. The importer is not a simple re-seller of products, but has a key role to play in guaranteeing the compliance of imported products. (note the use of the word “ensure”) On the distributor (par 3.4) Distributors have an obligation to demonstrate to the national market surveillance authority that they have acted with due care and ensure that the manufacturer, or his authorised representative, or the person who provided him with the product has taken the measures required by the applicable Union harmonisation legislation as listed in the obligations for distributors. (note again the use of the word “ensure” even if used in combination with due care) It is clear that the expectations of the EU are different for all 3 partners (manufacturer, importer and distributor(reseller) in respect to the actions they need to perform (verify / ensure / prove / provide / hold available /affix ce) , but it is equally clear that the liability is shared by the all partners equally. This means that if a million products have to be recalled for non-compliance and the manufacturer and importer are unknown or have gone broke, the final selling partner is meant to be liable… (unless he is victim of fraud of course, but then the question is if he really did due care or not….) And finally , the directives texts will be determining, not the blue guide, and in fact the translation of the directive in the national laws of the member states will be used in court. And those will be different in details for any directive and any translation, so you may might be right after all Han. ;<)) Regards, - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. 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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.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://www.ieee-pses.org/list.html (including how to unsubscribe) List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <emcp...@radiusnorth.net> Mike Cantwell <mcantw...@ieee.org> For policy questions, send mail to: Jim Bacher: <j.bac...@ieee.org> David Heald: <dhe...@gmail.com>
