Well, this series sure took a left turn and accelerated hurriedly out of
site of the original intent which was to determine what the term "consumer"
means as used in the GPSD. The imaginary product example I put forth was
intended solely to support the question, and I in no way advocated that such
a product be placed upon the market without the proper safety analysis.

Now, back to the original question. I found the following definition of
professional apparatus in EN 55103-2 (immunity for professional A/V
equipment): "Apparatus intended for use in trades, professions or industries
and which is not intended for sale to the general public." The scope of the
standard says that the standard does not apply to "consumer apparatus". So,
it seems that the CENELEC authors of this standard are of the opinion that
there is a difference between professional and consumer apparatus. If the
authors are correct, the professional equipment I described is not included
within the scope of the GPSD. If that is true, what safety related
Directive, if any, applies? The only one I could find is the Liability
Directive, 85/374/EEC. The closest that document comes to having an
essential requirement is that "Lack of safety which the general public is
entitled to expect determines the defectiveness of a product." Could it be
that the regulation of safety of these types of products are the
responsibility of the member states and governed by national worker safety
regulations? Seems weird that there is a gap in the harmonization process
for these types of products.

Richard Woods
Sensormatic Electronics
Tyco International


>  -----Original Message-----
> From:         WOODS, RICHARD  
> Sent: Thursday, April 25, 2002 1:28 PM
> To:   'emc-pstc'
> Subject:      General Product Safety Directive
> 
> Let's take an example of a non-rechargable 9V battery operated ITE product
> intended soley for business use; and due to its nature, it is highly
> unlikely to be used by laymen outside that business environment (i.e., not
> in the home). That product is not subject to the LVD, but it might be
> subject to the GPSD depending upon scope of the term "consumer". The GPSD
> uses the word "consumer" without defining the term. What is the legal
> meaning and scope of that term in the EU? Comments?
> 
> Richard Woods
> Sensormatic Electronics
> Tyco International
> 

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