Since the UK law, as interpreted below by Nick, says that the DoC must be
signed by a resident of the EU, and since the DG who wrote the Directive has
stated that the DoC may be signed by a non-EU resident, is it now up to the
courts to decide who is right? What is the law in the EU regarding this type
of difference?
----------
From: Nick Williams [SMTP:[email protected]]
Sent: Wednesday, December 16, 1998 5:24 AM
To: [email protected]
Subject: Signatory for Declarations of Conformity
Some of what has been said about this topic has been very confused.
I'd
like to make a few points:
1. Except where (as, for example, in the case of the UK Medical
Devices
Regulations) the implementing regulations of the member states
simply call
up the wording of the relevant EC text, the requirements of the CE
marking
Directives are defined by the wording of the relevant statutory
instrument
in the member states, NOT the wording of the directive itself, which
cannot
be enforced in any national court in the EU.
2. Be under no illusions that the requirements of the different
regulations
are consistent as regards the contents of the declaration of
conformity.
They are not. For anyone who wants to know what the EMC, Machinery
and LVD
requirements are, in the UK at least, I have complied a document
which
gives the wording of the relevant sections of the UK statutory
instruments
and I can e-mail this document (as a PDF file) to anyone who
contacts me
directly.
3. I have discussed exactly this topic with UK trading standards
officers
in order to be clear on the point. Notwithstanding anything which is
contained in any of the directives or regulations, what they are
looking
for is a piece of paper, signed by someone who is within their legal
reach,
which says words to the effect of "I hereby declare the product to
be safe,
come and get ME if it isn't". On the basis of this, I am convinced
that if
the product is made outside the EU, the ONLY signature which really
matters
is that of the EU importer.
YMMV
Nick.
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