I think that the direction and intent of the commission on the use of the OJ
in identifying harmonized standards is pretty clear.  I do not believe that
this should be causing such a conundrum.  The OJ lists standards as being
relevant to the LVD, and I would say those standards are the harmonized
standards and are required to be enforced.  All others aren't.

Thanks,

Frank West

-----Original Message-----
From: Jim Eichner <[email protected]>
To: 'EMC-PSTC - forum' <[email protected]>
List-Post: [email protected]
Date: Monday, March 22, 1999 5:32 PM
Subject: RE: Harmonized Standards


>Richard:  Thanks for the info.  I suspect you're right - we're seeing an
>increased level of clarity on this point with more recent Directives.
>
>You quote the R&TTE Directive below, and it is very clear that
>publication in the OJ is required for presumption of conformity.
>
>The 10 yr. old EMCD also seems fairly clear, providing a presumption of
>conformity for equipment that meets "national standards transposing the
>harmonized standards, the reference numbers of which have been published
>in the Official Journal..."
>
>The 26 yr. old LVD says the OJ is only used "for purposes of
>information" and that "Standards shall be regarded as harmonized once
>they are drawn up by common agreement between the bodies notified
>by...and published under national procedures".
>
>So in my mind, the problem now boils down to just the LVD, and the
>question becomes:
>
> Is publication in the OJ a mandatory pre-requisite of a standard
>being considered Harmonized and therefore providing a presumption of
>conformity with the LVD?
>
>Hopefully the upcoming update to
>http://www.newapproach.org/NewApproach/402.htm , will clarify the
>situation, although I wonder if a web site can over-rule a Directive
>(even in the guise of "clarification").
>
>Regards,
>
>Jim Eichner
>Statpower Technologies Corporation
>[email protected]
>http://www.statpower.com
>Any opinions expressed are those of my invisible friend, who really
>exists.  Honest.
>
>
>
>
>
>
>> -----Original Message-----
>> From: WOODS, RICHARD [SMTP:[email protected]]
>> Sent: Monday, March 22, 1999 5:33 AM
>> To: 'emc-pstc'
>> Subject: RE: Harmonized Standards
>>
>> I believe the conflict arises because the Commission has moved from
>> the old
>> approach to the new approach and they have also been revising their
>> own
>> point of view on standards. Here is the latest from the R&TTE
>> Directive.
>>
>> Article 2(h): "'Harmonized standard' means a technical specification
>> adopted
>> by a recognized standards body under a mandate from the Commission in
>> conformity with the procedures laid down in Directive 98/34/EC for the
>> purpose of establishing a European requirement, compliance with which
>> is not
>> compulsory."
>>
>> Article 5.1: "Where apparatus meets the relevant harmonized standards
>> or
>> parts thereof whose reference numbers have been published in the
>> Official
>> Journal of the European Communities, Member States shall presume
>> compliance
>> with those of the essential requirements referred to in Article 3 as
>> are
>> covered by the said harmonized standards or parts thereof."
>>
>> ----------
>> From:  Jim Eichner [SMTP:[email protected]]
>> Sent:  Friday, March 19, 1999 5:36 PM
>> To:  'emc-pstc'
>> Subject:  RE: Harmonized Standards
>>
>> Greetings all:
>>
>> I eagerly visited this site, particularly the page dealing with
>> Harmonized Standards at
>> http://www.newapproach.org/NewApproach/402.htm
>> but was a bit disappointed.  The description is thorough and
>> filled
>> with
>> new ways of using words that I used to think I knew the meaning
>> of,
>> but
>> it doesn't answer the fundamental question that was the focus of
>> the
>> forum discussion a while back:
>>
>> Is publication in the OJ a mandatory pre-requisite of a standard
>> being
>> considered Harmonized (and therefore providing a presumption of
>> conformity)?
>>
>> I will eagerly await the update a couple of weeks from now, and
>> any
>> new
>> input on this question!
>>
>> Regards,
>>
>> Jim Eichner
>> Statpower Technologies Corporation
>> [email protected]
>> http://www.statpower.com
>> Any opinions expressed are those of my invisible friend, who
>> really
>> exists.  Honest.
>>
>>
>>
>> > -----Original Message-----
>> > From: WOODS, RICHARD [SMTP:[email protected]]
>> > Sent: Friday, March 19, 1999 6:27 AM
>> > To: 'emc-pstc'
>> > Subject: Harmonized Standards
>> >
>> > The Commissions official viewpoint on the rules for the use of
>> > harmonized
>> > standards can be found at www.newapproach.org
>> > <http://www.newapproach.org> .
>> > Click on "Concepts." According to the webmaster, "The concepts
>> text
>> > originates from the Commission, however I understand it is
>> currently
>> > under
>> > revision and it is on the agenda for a meeting to be held next
>> week. I
>> > expect the final "official" text to be on the site in the
>> following
>> > week.
>> >
>> > ---------
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