I don't know from what perspective you are asking the question, BUT, in the
final analysis,
the only things that count (assuming that the product is covered under one or
more of the
"New Approach Directives" is:

Was the product subjected to the Conformity Assessment procedures prescribed in
the
applicable Directives

AND

Does the product meet the "essential requirements" of the applicable Directives


Unless you can answer  YES  to both questions, you are in violation of the law.


Regards,


Vic  Boersma  

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