James, Also review current version of directives redone for the NLF (which currently has not touched the Machinery Directive), they all take the same approach in putting direct obligations on importers for issues the oem has not covered.
e.g., in EMCD Article 9 Obligations of importers 1. Importers shall place only compliant apparatus on the market. 2. Before placing apparatus on the market importers shall ensure that the appropriate conformity assessment procedure referred to in Article 14 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the apparatus bears the CE marking and is accompanied by the required documents, and that the manufacturer has complied with the requirements set out in Article 7(5) and (6). Where an importer considers or has reason to believe that apparatus is not in conformity with the essential requirements set out in Annex I, he shall not place the apparatus on the market until it has been brought into conformity. Furthermore, where the apparatus presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect. …etc -Lauren Crane From: Scott Xe <scott...@gmail.com> Sent: Tuesday, September 04, 2018 5:21 AM To: EMC-PSTC@LISTSERV.IEEE.ORG Subject: Re: [PSES] CE marking - mixture of responsibilities Hi James, It is quite normal attitude for an oem or odm manufacturer. They have over hundred buyers to keep their business alive and lack of resource to meet all standards of their buyers. In order to meet your requirements, you have to actively educate them for what they have to supply in order to fulfillment of business contract. In your 2nd para, for the product design, Yes. In terms of production units, you have to verify by yourselves or hire a 3rd party body upon your behalf to verify if they have a good quality assurance system to maintain the production units within the tolerance of approved sample. If you act as a retailer only, the product under their brand and their contact, you may have limited responsibilities, otherwise, you actually act as a manufacturer in EU. For example, if your product is picked up by the market surveillance for validation of compliance with applicable regulations, do they contact your supplier or you? Hope it is useful to your consideration! Scott On Thu, 30 Aug 2018 at 15:55, James Pawson (U3C) <ja...@unit3compliance.co.uk<mailto:ja...@unit3compliance.co.uk>> wrote: Hello all, I’m working with a company who are importing some IT products from China to the EU. The Chinese manufacturer is taking a very much “hands off” approach to approvals, expecting the importer to draw up the DoC and perform much of the testing. However access to the parts of the Technical File that detail product construction are being held by the manufacturer and getting access to these is not straightforward. My question is: provided that all the documentation boxes are ticked and the product has been sufficiently assessed, can one reasonably take on responsibilities for other actors in the supply chain in this manner? I’m undecided if this is acceptable. My feeling is that whilst it is not to the letter of the law, it is to the spirit and would be acceptable depending on the importers tolerance to risk. However the letter of the directives is explicit in determining responsibilities e.g. that the manufacturer shall draw up the DoC. I would be interested to hear your thoughts on the matter. Thanks and all the best James - ---------------------------------------------------------------- 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<mailto: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)<http://www.ieee-pses.org/list.html> List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <sdoug...@ieee.org<mailto:sdoug...@ieee.org>> Mike Cantwell <mcantw...@ieee.org<mailto:mcantw...@ieee.org>> For policy questions, send mail to: Jim Bacher <j.bac...@ieee.org<mailto:j.bac...@ieee.org>> David Heald <dhe...@gmail.com<mailto: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<mailto: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)<http://www.ieee-pses.org/list.html> List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <sdoug...@ieee.org<mailto:sdoug...@ieee.org>> Mike Cantwell <mcantw...@ieee.org<mailto:mcantw...@ieee.org>> For policy questions, send mail to: Jim Bacher <j.bac...@ieee.org<mailto:j.bac...@ieee.org>> David Heald <dhe...@gmail.com<mailto: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 <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>
