Hello Richard, Group, I will come back to the legal aspects of this.
For the moment all i want to say is that the GOAL of all so-called new-approach directives is and was to stop all barriers that existed for importing and exporting any goods. The GOAL of the ce-mark was to introduce a common symbol to show that the product marked had free access to the full EU. It applies to toys, elevators, sterile injection needles as well as electronic typewriters. It applies to machines, simple pressure vessels and sailing boats. It will apply to many more goods in the near future. If for any reason and for any beliefs any local national law could resist this European regime of ce-marking, the whole foundation under ce-marking would fall down. I am not a lawyer in European affairs, but i understand well how the ce-mark stuff has been implemented and how it is meant to be. Therefore, if any legal hole exists, it will be filled up, unless the EC is really less powerful as f.a. Germany. I suggest that one of you, not being a test-house or consultant, innocently directs this question to Mr. Bangemann of the European Commission. Let's hear what he has to say. To be read: The New Approach (legislation and standards on the free movement of goods in Europe) by CENELEC Other considerations (from seminar papers) Basic conditons for the free Eur. market: Free traffic of persons / goods/ services/ money 1/ Stop taxes on importing 2/ stop limitiations in quantity 3/ Stop all measures of equal effect including technical limitations Technical limitations are : National technical regulations National standards National test- and certification procedures 1. Stopping limitations by: Mutual recognition exceptions : - public order - public health, lives of persons and plants or animals in danger - national properties artistic or historic - industrial and commercial properties Exceptions should be no hidden limitations. 2. harmonisation of technical regulations 1983 information phase 1985 new approach directives 1989 global approach for conformity assessment Directive 83/189/EEC: Goal: - stop implementations of new national regulations - halt progress on national initiatives Contents: - notifying necessary for new national regulations (to EC) - hold off period for national regulations So far: Gert Gremmen == Ce-test, Qualified testing == Consultants in EMC, Electrical safety and Telecommunication Compliance tests for European standards and ce-marking Member of NEC/IEC voting committee for EMC. Our Web presence: http://www.cetest.nl List of current harmonized standards http://www.cetest.nl/emc-harm.htm 15 great tips for the EMC-designer http://www.cetest.nl/features01.htm -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of WOODS, RICHARD Sent: maandag 27 april 1998 14:07 To: 'emc-pstc' Subject: RE: GS Requirements This has been a very interesting thread. There appears to be two distinct groups of thought. One group believes that an EU state can enforce a state law affecting trade as long as it is not in violation of a Directive. Another group seems to believe that no EU state may enforce a law the tends to impede trade. To this latter group I ask the question, what is the legal basis for this claim? Richard Woods Sensormatic Electronics [email protected] Views expressed by the author do not necessarily represent those of Sensormatic.
