RE: General Product Safety and Liability Directives
Here's my 2 cents: In Webster's II New Riverside Dictionary the definition of Consumer is: 1)one that consumes 2) A buyer of goods and services Thus - Wouldn't one of our customers who buys our goods and services, say a hospital, thus be a consumer! -Original Message- From: wo...@sensormatic.com [mailto:wo...@sensormatic.com] Sent: Tuesday, June 20, 2000 3:45 PM To: t...@world.std.com; emc-p...@ieee.org Subject: RE: General Product Safety and Liability Directives Articles 2 and 3 of the General Product Directive specifically mention "consumers". Check also, the fourth "whereas" which mentions consumers. Likewise, many of the "whereas" clauses of the Liability Directive mention consumers. Article 9(b)(I) indicates that the products are for "private use or consumption". All of above leads me to my conclusion that both directives are intended for consumer products. Richard Woods -- From: Ron Pickard [SMTP:rpick...@hypercom.com] Sent: Tuesday, June 20, 2000 1:47 PM To: wo...@sensormatic.com Cc: t...@world.std.com; emc-p...@ieee.org Subject: Re: General Product Safety and Liability Directives Hi Richard, I disagree with you regarding your claim about these two directives only being applicable to consumer products. The General Product Safety Directive (GPSD) is focused towards product where no other directives apply. The GPSD states" Article 1 1. The purpose of the provisions of this Directive is to ensure that products placed on the market are safe. 2. The provisions of this Directive shall apply in so far as there are no specific provisions in rules of Community law governing the safety of the products concerned. It is agreed that as time moves on, there will be more product family specific directives put into force effectively limiting the scope of the GPSD. The Liability Directive (LD) title is focused to "... concerning liability for defective products". And, Article 1 of the LD states "The producer shall be liable for damage caused by a defect in his product." This directive, in fact, deals with the liabilities of defective products regardless of market focus. As can be plainly seen, neither directive is focused toward consumer products. In fact, they reference to no particular product areas. However, the GPSD appears to be a catchall where no other directive applies. Well, so much for my 2 cents worth of opinions. Comments? Best regards, Ron Pickard rpick...@hypercom.com WOODS@Sensormatic .com To: emc-p...@majordomo.ieee.org, t...@world.std.com Sent by: cc: treg-approval@worSubject: General Product Safety and Liability Directives ld.std.com 06/20/00 07:58 AM Please respond to WOODS In the following discussion, I am interested in determining the legal aspects only. The General Product Safety Directive and the Liability Directives apply to consumer products and not to products used in the workplace. Consider electrical products that would otherwise be subject to the Low Voltage Directive but operate below the lower voltage limits of the directive. The safety of such products intended for use in the workplace are subject only to non-harmonized national regulations concerning worker safety. Do these national regulations make the assumption that such equipment must comply with the applicable essential requirements that are normally associated with equipment covered by the LVD? Richard Woods --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org --- This message is from the IEEE EMC Society Product Safety Technical Committee e
RE: General Product Safety and Liability Directives
Articles 2 and 3 of the General Product Directive specifically mention "consumers". Check also, the fourth "whereas" which mentions consumers. Likewise, many of the "whereas" clauses of the Liability Directive mention consumers. Article 9(b)(I) indicates that the products are for "private use or consumption". All of above leads me to my conclusion that both directives are intended for consumer products. Richard Woods -- From: Ron Pickard [SMTP:rpick...@hypercom.com] Sent: Tuesday, June 20, 2000 1:47 PM To: wo...@sensormatic.com Cc: t...@world.std.com; emc-p...@ieee.org Subject: Re: General Product Safety and Liability Directives Hi Richard, I disagree with you regarding your claim about these two directives only being applicable to consumer products. The General Product Safety Directive (GPSD) is focused towards product where no other directives apply. The GPSD states" Article 1 1. The purpose of the provisions of this Directive is to ensure that products placed on the market are safe. 2. The provisions of this Directive shall apply in so far as there are no specific provisions in rules of Community law governing the safety of the products concerned. It is agreed that as time moves on, there will be more product family specific directives put into force effectively limiting the scope of the GPSD. The Liability Directive (LD) title is focused to "... concerning liability for defective products". And, Article 1 of the LD states "The producer shall be liable for damage caused by a defect in his product." This directive, in fact, deals with the liabilities of defective products regardless of market focus. As can be plainly seen, neither directive is focused toward consumer products. In fact, they reference to no particular product areas. However, the GPSD appears to be a catchall where no other directive applies. Well, so much for my 2 cents worth of opinions. Comments? Best regards, Ron Pickard rpick...@hypercom.com WOODS@Sensormatic .com To: emc-p...@majordomo.ieee.org, t...@world.std.com Sent by: cc: treg-approval@worSubject: General Product Safety and Liability Directives ld.std.com 06/20/00 07:58 AM Please respond to WOODS In the following discussion, I am interested in determining the legal aspects only. The General Product Safety Directive and the Liability Directives apply to consumer products and not to products used in the workplace. Consider electrical products that would otherwise be subject to the Low Voltage Directive but operate below the lower voltage limits of the directive. The safety of such products intended for use in the workplace are subject only to non-harmonized national regulations concerning worker safety. Do these national regulations make the assumption that such equipment must comply with the applicable essential requirements that are normally associated with equipment covered by the LVD? Richard Woods
Re: General Product Safety and Liability Directives
Hi Richard, I disagree with you regarding your claim about these two directives only being applicable to consumer products. The General Product Safety Directive (GPSD) is focused towards product where no other directives apply. The GPSD states" Article 1 1. The purpose of the provisions of this Directive is to ensure that products placed on the market are safe. 2. The provisions of this Directive shall apply in so far as there are no specific provisions in rules of Community law governing the safety of the products concerned. It is agreed that as time moves on, there will be more product family specific directives put into force effectively limiting the scope of the GPSD. The Liability Directive (LD) title is focused to "... concerning liability for defective products". And, Article 1 of the LD states "The producer shall be liable for damage caused by a defect in his product." This directive, in fact, deals with the liabilities of defective products regardless of market focus. As can be plainly seen, neither directive is focused toward consumer products. In fact, they reference to no particular product areas. However, the GPSD appears to be a catchall where no other directive applies. Well, so much for my 2 cents worth of opinions. Comments? Best regards, Ron Pickard rpick...@hypercom.com WOODS@Sensormatic .com To: emc-p...@majordomo.ieee.org, t...@world.std.com Sent by: cc: treg-approval@worSubject: General Product Safety and Liability Directives ld.std.com 06/20/00 07:58 AM Please respond to WOODS In the following discussion, I am interested in determining the legal aspects only. The General Product Safety Directive and the Liability Directives apply to consumer products and not to products used in the workplace. Consider electrical products that would otherwise be subject to the Low Voltage Directive but operate below the lower voltage limits of the directive. The safety of such products intended for use in the workplace are subject only to non-harmonized national regulations concerning worker safety. Do these national regulations make the assumption that such equipment must comply with the applicable essential requirements that are normally associated with equipment covered by the LVD? Richard Woods