IMO the penalties are far from being an acceptable risk; and they 
      vary from country to country, so enforcement is not even.  It is 
      often the final integrator or customer that ends-up enforcing 
      compliance.  Sometimes customs gets involved too.
      
      A source within the US delegation to the EU told me (circa mid-1995) 
      that a US manufacturer of non-compliant machinery had a shipment 
      refused by customs of France, while three other EU countries 
      permitted entry of the same product at the same time.  There was no 
      mention of fines - but having a shipment refused entry/delivery had 
      to smart some.
      
      I know of other cases that do not bear repeating here, but suffice it 
      to say, enforcement is indeed taking place; although from what I see 
      it seems that the enforcement is the result of user or competitor 
      compliants instead of random action by the authorities.
      
      Naturally, we're all experts on European Law, right?
        (Wrong.  Blatant sarcasm intended.)
      
      Regards,
      Eric Lifsey
      
_______________________________________________________________________________
Subject: Penalty for Non-Compliance
From:    "Brian Kunde" <[email protected]> at Internet
List-Post: [email protected]
Date:    2/21/97  11:07 AM

     I hear a very disturbing subject being openly discussed among several 
     of my European contacts.  Distributors in Europe are saying that the 
     CE marking is a joke. That many companies (European Companies are 
     mentioned most often) are simply applying the CE marking to their 
     products without testing.  Some say that many companies were initially 
     forced to do this because of the time and cost of testing and 
     redesign, but since there is very little checking going on the risk is 
     "Cost Effective".
     
     IS THIS TRUE?  
     
     Has anyone heard of specific situations where a company or person has 
     been fined or jailed for fraudulently placing the CE marking on 
     non-compliant equipment?  What is the penalty for non-compliance? What 
     is the penalty for fraud?  Is anyone checking?  Is anyone getting in 
     trouble? 
     
     I have been asked to obtain strong evidence to counter this opinion. 
     More or less to "put the fear of God" into distributors and reassure 
     our marketing and sales force that delaying product to market for the 
     CE mark is the right thing to do.
     
     Can you help?  Please post or email me anything you can.
     
     Thanks,
     
     Brian Kunde
     [email protected]
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