Peter,
Thanks for your ideas. I might add that I like to have one of the
people above my level and within the same company to sign it while pointing
out that there are penalties for signing falsely these documents. It helps
to calm down those who also ask questions like "what are the chances we'll
get caught"! Its always easier to get it done properly if they have some
personal stake in the consequences.
Just so that a bunch of legal authorities don't start showing up at
my desk, I would point out that I have never had this problem here, and I
won't identify the person or the company that I really had a heartburn
trying to convince. But I have in the past had to throw a few raging fits
over the early shipping of a product.
Gary
-----Original Message-----
From: Peter E. Perkins [mailto:[email protected]]
Sent: Wednesday, March 03, 1999 8:50 PM
To: PSNetwork
Subject: CE marking - self-certification and the long
arm of the law
PSNet & Richard,
The legal questions can only be answered by European
lawyers and
courts. As far as I know, there have not been any cases
which looked to
hold non-Europeans responsible to the extent they would be
fined or serve
jail time. If it is a major problem we can expect
international
negotiations to extradite folks for this.
But practically, if the product is sold by a
company which has any
European presence - a subsidiary, dealer or importer - the
courts probably
could find a way to hold one of those folks responsible. I
know of a case
where the President of a sub was jailed because a product
didn't meet
European safety requirements. I have heard of another case
where an
executive of a large company was handcuffed and taken away
at immigration
because he was named as being responsible for some action
that was not
allowed in Europe - unfortunately, this poor fellow was
coming to Europe
for a vacation, not on company business and his wife and
family were just
left standing there to fend for themselves...
For smaller companies, I recommend that they get one
of their Euro
contacts - importers, dealers, etc. - to countersign the
MDoC to provide
the 'going to jail' person. There are, also, some firms
(legal firms, as I
remember) who will sign and hold your MDoC, etc for a
nominal fee...
What other routes might be available? perhaps
others have some
ideas...
- - - - -
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
- - - - -
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