>From the document " Report of a meeting of the Standing Committee set up 
under Article 6.2 of the Directive 89/392/EEC" dated 25-26 May, 10 June and 
13 July 1994. The copy I have is marked DRAFT all over it so this may not 
be the official word. I quote:

PQ.53  If a manufacturer installs machinery on the premises of a potential 
customer for him to evaluate it but the machinery is not sold and remains 
the property of the manufacturer, does it have to bear the CE marking and 
meet the other requirements applicable to it?

PA.53  This is a typical case because as long as the machinery remains the 
property of the manufacturer and as long as the operators are the 
manufacturer's employees the machinery has not been placed on the market; 
as soon as the satisfied customer takes delivery the machinery has to 
comply with the Directive, bear the CE marking, etc.

The manufacturer has to make sure that a notice is affixed in the vicinity 
saying that the machinery is not in conformity with the Directive (Article 
2(3)).

The situation is different if the manufacturer has supplied the machinery 
for evaluation by the potential customer. In this case, the machinery has 
to be considered as placed on the market (handed over provisionally but 
handed over all the same) and placed in service in accordance with Article 
2(2) and must be entirely in conformity with the Directive.

Hope this help some.

Scott
[email protected]

-----Original Message-----
From:   [email protected] [SMTP:[email protected]]
Sent:   Friday, July 16, 1999 12:59 PM
To:     [email protected]; [email protected]
Subject:        RE: French Customs demand EC Declaration!


Thomas,

Read the fine print in the EMC Directive regarding "placing [equipment] on
the market" and "putting it into service."   You also might want to have
your legal representative take a look.

I read that providing 'samples' to potential customers is "placing
[equipment] on the market" but not "putting it into service."

There is another DRAFT directive that seems to take into account equipment
still in the final design stages that is sent to potential customers to
undergo further testing with the customer's equipment, i.e., sometimes
called BETA.  However, that is for EMC.   The LVD safety directive does not
seem to make any provisions for any BETA systems.

If anyone has any more insight into this, I would be very much interested
in
hearing about this.

Tania Grant, Lucent Technologies, Octel Messaging Division
[email protected]


----------
From:  [email protected] [SMTP:[email protected]]
Sent:  Friday, July 16, 1999 1:15 AM
To:  [email protected]
Subject:  Re: French Customs demand EC Declaration!





Dear All,



the process to import production machines into the EU seems clear, but have
      you considered the problem of samples, too ?

Usually, samples are used for evaluation purposes and  cannot often be
      marked with CE because the CE compliance tests

should be done at least with the final version. Therefore, no
      CE-Declaration can be issued and the customs may stop

 these samples at the border (we experienced the same problems with the
      French customs).

How do you handle sample shimpments into the EU ?



Kind regards



Andreas Thomas

Toshiba Europe GmbH








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