Hi John,
Where is it written that "Directives aren't valid until ALL member
states have implemented them"?
_*ENTER INTO FORCE*_
I note that both the Low Voltage Directive and the EMC Directive clearly
states: "This directive _*shall*_ enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union." (Emphasis on "shall" is mine.) See the citations below:
* Article 45 of the EMC Directive 2014/30/EU that was published in the
Official Journal on 29 March 2014. Accordingly, the EMC Directive
2014/30/EU entered into force on 18 April 2014. Please also note
that Article 45 does not list Article 15 (EU declaration of
conformity) as one of the articles that has a delayed application.
* Article 28 of the Low Voltage Directive 2014/35/EU that was
published in the Official Journal on 29 March 2014. Accordingly, the
Low Voltage Directive 2014/35/EU entered into force on 18 April
2014. Please also note that Article 28 does not list Article 15 (EU
declaration of conformity) as one of the articles that has a delayed
application.
<http://www.oracle.com> As written, it appears that the new directives
are entered into force and can be used on declarations of conformity
(DOCs).
_*REPEAL*_
Similarly, both directives state the older directives (2004/108/EC and
2006/95/EC) are "repealed with effect from 20 April 2016, without
prejudice to the obligations of the Member States relating to the time
limits for transposition into national law and the dates of application
set out" in the new directives (2014/30/EU and 2014/35/EU). As a
result, any products that still relies on the old directives for CE
compliance may not be imported and sold after 20 April 2016.
Fortunately, both new directives do state that any "references to the
repealed Directive shall be construed as references to this [new]
Directive and shall be read in accordance with the correlation table
given" in the new Directive. As a result, as long as the product still
complies with the new directive and just has documentation making
outdated references to the old directive.
So ... if you are correct that EU directives are "aren't valid until ALL
member states have implemented them", I would like to know the official
document that contradicts the EU directives themselves.
Thanks.
Monrad
On 3/2/2015 12:50 PM, John Woodgate wrote:
In message <000f424e.486384b410ff5...@rpqconsulting.com>, dated Mon, 2
Mar 2015, "Ron Pickard (RPQ)" <rpick...@rpqconsulting.com> writes:
As I believe as Mr. Woodgate pointed out earlier, these new
directives have no legal standing until at least one member state
enacts them into their own legal system. To my knowledge, that hasn't
happened yet. Anyone have any info on this?
There has been a new ruling on this from the Commission. One
implementation is NOT ENOUGH: the Directives aren't valid until ALL
member states have implemented them.
I suppose this is because a member state could find a serious
objection to implementation, which would put everything back in the
melting pot.
-
----------------------------------------------------------------
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 <sdoug...@ieee.org>
Mike Cantwell <mcantw...@ieee.org>
For policy questions, send mail to:
Jim Bacher: <j.bac...@ieee.org>
David Heald: <dhe...@gmail.com>
