In the EU there is a legal loophole in that a non-resident may sign the DoC.
The DG has stated that is acceptable. So, in this case, who has the legal
liability of fines and jail?
----------
From: Kevin Richardson [SMTP:[email protected]]
Sent: Tuesday, March 02, 1999 8:47 PM
Cc: EMC-PSTC - IEEE
Subject: CE marking - self-certification
In reply to Pete Perkins,
The issue Pete raises regarding the legal liability for any
individual
signing a Declaration of Conformity for Europe is often not
considered with
the respect it sometimes deserves.
A similar situation applies in Australia relating to the use of the
C-tick
and A-tick marks.
There is a legal liability and penalty for both the organisation
responsible and the individual who signs a Declaration of Conformity
falsely etc.
Best regards,
Kevin
> Sender: [email protected]
> Received: from ruebert.ieee.org (ruebert.ieee.org [199.172.136.3])
> by dub-img-11.compuserve.com (8.8.6/8.8.6/2.18) with ESMTP
id
PAA17841;
> Tue, 2 Mar 1999 15:25:55 -0500 (EST)
> Received: by ruebert.ieee.org (8.8.8/8.8.8)
> id PAA21646; Tue, 2 Mar 1999 15:25:00 -0500 (EST)
> Date: Tue, 2 Mar 1999 15:20:55 -0500
> From: "Peter E. Perkins" <[email protected]>
> Subject: CE marking - self-certification
> To: PSNetwork <[email protected]>
> Message-ID: <[email protected]>
> MIME-Version: 1.0
> Content-Type: text/plain; charset=ISO-8859-1
> Content-Disposition: inline
> Content-Transfer-Encoding: 8bit
> X-MIME-Autoconverted: from quoted-printable to 8bit by
ruebert.ieee.org
id PAA21632
> Sender: [email protected]
> Precedence: bulk
> Reply-To: "Peter E. Perkins" <[email protected]>
> X-Resent-To: Multiple Recipients <[email protected]>
> X-Listname: emc-pstc
> X-Info: Help requests to [email protected]
> X-Info: [Un]Subscribe requests to [email protected]
> X-Moderator-Address: [email protected]
>
>
> PSNet
>
> This ongoing discussion of self certification brings to
the
surface
> several issues...
>
> In applying the CE marking to equipment, the manufacturer
must
sign
> the Manufacturer's Declaration of Conformity. In doing so, it
must
include
> a list of the Directives and Standards that the manufacturer
claims to
> meet.
>
> The manufacturer is allowed to do all the work to
ascertain
> compliance without the use of any outside help. In fact, that is
commonly
> encouraged by the EU.
>
> In looking at the practicallity of this, hardly any small
companies
> have the resources of an in-house, full EMC lab to determine the
> acceptability of their product to meet these requirements. So,
this is
> often hired out.
>
> On the mechanical and electrical safety side, most
engineering
> departments feel that they can properly assess their equipement
against
the
> requirements. This is usually the point of discussion of
> self-certification.
>
> Just one reminder, however, that the person who signs the
MDoC
for
> the company bears personal criminal liability in EU law if they
sign
> falsely. So, the signer should ask carefully if the evaluators of
the
> equipment not only understood the technical requirements, but do
they
> understand the usual European interpretation of these
requirements.
>
> If there is any doubt in having this Euro understanding,
the use
of
> a Notified Body on the first few projects will go a long way in
assuring
> that the Euro interpretation is understood and used in the product
> evaluation.
>
> So it costs a lot of money, you say... What's it worth to
insure
> that you don't get harassed about your meeting the requiements by
some
NCB
> who is following up on a complaint... or worse, find yourself not
being
> able to defend compliance to the requirments because you didn't
understand
> the usual Euro interpretation of the requirements...
>
> This little homily can, again, be classified as a word to
the
wise
> or deficient... pick your poison...
>
>
> - - - - -
>
> Peter E Perkins
> Principal Product Safety Consultant
> Tigard, ORe 97281-3427
>
> +1/503/452-1201 phone/fax
>
> [email protected] email
>
> visit our website:
>
> http://ourworld.compuserve.com/homepages/peperkins
>
> - - - - -
>
> ---------
> This message is coming from the emc-pstc discussion list.
> To cancel your subscription, send mail to [email protected]
> with the single line: "unsubscribe emc-pstc" (without the
> quotes). For help, send mail to [email protected],
> [email protected], [email protected], or
> [email protected] (the list administrators).
>
>
Best regards,
Kevin Richardson
Stanimore Pty Limited
"Specialists in Technology Requirements and Compliance"
Ph: 02-43-29-4070 Fax: 02-43-28-5639 Int'l: +61-2-43-2x-xxxx
Email: [email protected] (Internet) or
[email protected] (Internet) or
100356,374 (Compuserve)
---------
This message is coming from the emc-pstc discussion list.
To cancel your subscription, send mail to [email protected]
with the single line: "unsubscribe emc-pstc" (without the
quotes). For help, send mail to [email protected],
[email protected], [email protected], or
[email protected] (the list administrators).
---------
This message is coming from the emc-pstc discussion list.
To cancel your subscription, send mail to [email protected]
with the single line: "unsubscribe emc-pstc" (without the
quotes). For help, send mail to [email protected],
[email protected], [email protected], or
[email protected] (the list administrators).
