But if you analyze the grammatical construction of : "and he or his authorised representative established within the Community"
That can be interpreted as follows: "he" is established within the community and in that absense, "his authorized representative" is established within the community. Therefore it can be implied defacto that either the manufacturer OR the representative reside within the EU and kkep the information within the EU. --- Richard Hughes <[email protected]> wrote: > Nick, > > Unfortunately, regarding the last para, you have not followed your own good > advice of checking with the specific EU Directives concerned. > > Annex IV section 2 of the LVD requires: > > "The manufacturer must establish the technical documentation described in > point 3 and he or his authorized representative established within the > Community must keep it on Community territory at the disposal of the > relevant national authorities for inspection purposes for a period ending at > least 10 years after the last product has been manufactured." > > Not surprisingly, the Commission's Guide to the LVD (2001 edition) states: > > "This technical documentation must be kept within the Community." > > > On the other hand, the R&TTED does not state that the technical > documentation must be kept within the Community. The corresponding para to > the above (Annex II section 2) requires that: > > "The manufacturer must establish the technical documentation described in > point 4 and he or his authorised representative established within the > Community must keep it for a period ending at least 10 years after the last > product has been manufactured at the disposal of the relevant national > authorities of any Member State for inspection purposes." > > Note that the part requiring that the technical documentation be kept "on > Community territory" is absent. > > > Equally, the LVD and the R&TTED have different requirements regarding the > provision of a DoC. See Article 6(3) of the R&TTED. > > > Own opinions as always, > > Richard Hughes > > > > -----Original Message----- > From: Nick Williams [mailto:[email protected]] > Sent: 11 December 2002 00:12 > To: Stephen Irving > Cc: [email protected] > Subject: Re: Location of CE DoCs > > These are indeed rumors. Different Directives have different > requirements in this regard, and although the general rules of thumb > that documentation should be kept in the EU and a copy of the DofC > should be supplied with the product provide a good working basis for > compliance with the Directives, they are by no means mandatory for > all equipment under all New Approach directives. If it really matters > to you, you should read the text of the specific directives which > apply to your products in order to find out what is required. > > As examples, neither the LVD nor the EMC Directives require a copy of > the EC declaration to be shipped with the product, although the > Machinery Directive does. None of these three directives require the > appointment of an Authorised Representative (only the medical devices > directives do this) and ergo there is no requirement for the > technical file to be 'kept on EU soil'. > > Regards > > Nick. > > ===== Best Regards Hans T. Mellberg, Consultant Regulatory, High Speed, EMC and Power Design Services By the Pacific Coast next to Silicon Valley, Santa Cruz, CA, USA office:831-454-9450, cell:408-507-9694, fax:831-454-0755 BSEE, NARTE Certified Engineer, IEEE, AIAA, dB 2004 IEEE EMC Symposium Program Chair, IEEE EMC SCV ADCOM __________________________________________________ Do you Yahoo!? Yahoo! Mail Plus - Powerful. Affordable. Sign up now. http://mailplus.yahoo.com ------------------------------------------- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. Visit our web site at: http://www.ewh.ieee.org/soc/emcs/pstc/ To cancel your subscription, send mail to: [email protected] with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Ron Pickard: [email protected] Dave Heald: [email protected] For policy questions, send mail to: Richard Nute: [email protected] Jim Bacher: [email protected] All emc-pstc postings are archived and searchable on the web at: http://ieeepstc.mindcruiser.com/ Click on "browse" and then "emc-pstc mailing list"
