Dear All,

We should learn from the Australians. When there are multiple distributors
in Europe and in order not to have the file duplicated, you the
manufacturer, can use an Agent that can hold the file and the Declarations.
The agent number should then appear by the CE Mark.

I think this would solve many sleepless nights and will create jobs for the
unemployed as Agents.


All the Best,


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PETER S. MERGUERIAN
Technical Director
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-----Original Message-----
From: Chris Allen [mailto:chris_al...@eur.3com.com]
Sent: Friday, November 08, 2002 2:54 PM
To: John Woodgate
Cc: emc-p...@majordomo.ieee.org
Subject: Re: EU DoC - ATEX Examples





I thought  it was the person who placed the product on the market that was
responsible for issuing the DoC?

In this case there are 2 markets that the product is being placed on to. The
commercial market and the end user market.

Company B should issue the DoC. But to show "due diligence" they should
obtain a
DoC (and copies of test reports) from Company A. That way if it ever goes to
court, Company B can show that they showed due diligence in maintaining
appropriate documentation and that Company A is responsible for the failure
to
comply.

Chris.





John Woodgate <j...@jmwa.demon.co.uk> on 08/11/2002 09:39:21

Please respond to John Woodgate <j...@jmwa.demon.co.uk>

Sent by:  John Woodgate <j...@jmwa.demon.co.uk>


To:   emc-p...@majordomo.ieee.org
cc:    (Chris Allen/GB/3Com)
Subject:  Re: EU DoC - ATEX Examples





I read in !emc-pstc that John Allen <john.al...@era.co.uk> wrote (in
<BFE68AB0084CD311B4FB00508B014C8703CF9CD3@MERCURY>) about 'EU DoC - ATEX
Examples' on Fri, 8 Nov 2002:
>In response to John's comment/question, the answer could well be that the
>Commission and it's national enforcing authorities do not want to be faced
>with the possibility of having chase 2(or even 3 or more under a multiple
>branding situation) companies over a non-compliance/safety situation. Thus
-
>as far as Directives compliance is concerned - they want only 1 company to
>take the responsibility for each product.

Maybe, but legally it won't wash. If Company B (marketer) were pursued
for a violation, its lawyers would immediately involve Company A
(manufacturer), and if they had previously earned their keep, that would
be based on the contract between A and B requiring A to provide a DOC in
every way and in every effect the same as if it were a DOC as required
by the relevant Directives.
--
Regards, John Woodgate, OOO - Own Opinions Only. http://www.jmwa.demon.co.uk
Interested in professional sound reinforcement and distribution? Then go to
http://www.isce.org.uk
PLEASE do NOT copy news posts to me by E-MAIL!

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