Refer to the Blue Guide 2014 section 1.1.3

* Products manufactured in compliance with harmonised standards benefit from a 
presumption of conformity with the
corresponding essential requirements of the applicable legislation, and, in 
some cases, the manufacturer may benefit
from a simplified conformity assessment procedure (in many instances the 
manufacturer's Declaration of Conformity,
made more easily acceptable to public authorities by the existence of the 
product liability legislation9).

* The application of harmonised or other standards remains voluntary, and the 
manufacturer can always apply other
technical specifications to meet the requirements (but will carry the burden of 
demonstrating that these technical
specifications answer the needs of the essential requirements, more often than 
not, through a process involving a third
party conformity assessment body);

You can also prove your product is safe and complies with the Directives even 
if it does not comply with a standard.

-Dave

-----Original Message-----
From: Scott Xe [mailto:scott...@gmail.com] 
Sent: Thursday, July 31, 2014 1:22 PM
To: EMC-PSTC@LISTSERV.IEEE.ORG
Subject: [PSES] Definition of unsafe product

Recently we received a sales ban from an authority.  The authority took a 
sample from the market and appointed a 3rd party laboratory for verification of 
LVD conformity.  They found a non conformance on construction according to the 
latest version of safety standard and concluded the product is unsafe.  The 
requirement is new in the latest version and did not appear in the previous 
version.

When our product was verified by the 3rd party test house, it complied with 
previous version of safety standard but was the latest version of the safety 
standard at time of testing.  The new version was issued 2 months later and has 
an additional construction requirement.  The DoW of previous version of safety 
standard is in 2016.  We are at loss how come they consider our product unsafe 
with the latest version of the standard during this transitional period.  Any 
previous experience to deal with such authority can be shared?  It sounds 
ridiculous charge on our product.

Thanks and regards,

Scott

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This message is from the IEEE Product Safety Engineering Society emc-pstc 
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All emc-pstc postings are archived and searchable on the web at:
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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:
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For policy questions, send mail to:
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David Heald: <dhe...@gmail.com>

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