Scott I'd suggest you might need some proper legal advice here.
The issue shouldn't be whether you are compliant or not with a specific standard, but whether you are compliant or not with the directive, or more explicitly, it's national implementation into law of the member state in question. IF, the version of standard that you applied was found to be no longer suitable for compliance with the Directive, then this should have been addressed by (presumably in this case) CENELEC and the Commission and the OJ updated accordingly. As others have stated, customs and other AHJ have been tasked with identifying non-compliant products, and for some categories of equipment there are a lot of them, but if you believe your product to be safe and compliant with the Directive, you should be able to prove it. Have you asked the authority and their lab to confirm compliance to the standard you have applied? Regards Charlie -----Original Message----- From: Scott Xe [mailto:scott...@gmail.com] Sent: 31 July 2014 18:22 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 - ---------------------------------------------------------------- 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.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> - ---------------------------------------------------------------- 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.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>
