Can someone advise if the importer or manufacture takes the product to a
test house and asks to test to a certain standard is there any legal
obligation on the test house to advise of other implications or standards.
This could be tricky - the Directive place liability on ALL IN THE SUPPLY
CHAIN and additional duty of care on THOSE WHO SHOULD BE AWARE OF DANGERS.
Hence liability is Joint and Several (meaning anyone involved) BUT THIS IS
EU LAW and it is difficult to prosecute a non-EU manufacturer or test lab. I
suspect that we will not see a trend because prosecutions are rare the
results will be 'inconsistent' because:
1 the courts are ignorant of the technicalities
and
2 depending if the manufacturers are UK - EU - and non-EU there may be
different outcomes for the instance.
and
3 prosecutions represent only the tip of the iceberg of non-compliances.
I know of several test houses (UK and US) that had difficulty after their
clients had good impounded in the EU. Usually these cases resulted in Safety
violations.
In the only cases of which I am aware none of the large test houses were
involved. The non-EU lab might be involved under EU legislation; I do not
see how a US lab could be involved. In any case, proving that the
non-compliance and Type Test item were identical would be bad enough. The
technical ignorance of the courts and the cost of the lawyers would only
make a bad - expensive - mess even worse on ALL THREE COUNTS!
The following story might help put this into perspective------------
I had a involvement with an importer of trouser presses some years ago.
TS had been to a UK test lab and it had been given a "it looks alright to
the standard" response.
It took me all of 30 minutes to list several Electric Shock hazards
(including direct operator contact to hazardous voltage over the entire
surface of the heating element) - Wiring incorrectly rated and a likely
source of fire - incorrect power rating. Flammability hazards within the
heating element - and major parts - no fire enclosure - and single pieces of
PVC tape (rated 80 °C) used to provide Reinforced insulation at 120 °C.
All in all it was a lethal.
I believe that the importer got as far as paying import duty and VAT before
the 3,000-5,000 items were impounded. The importer was charged storage until
he could arrange return shipment.
I do not think it would have mattered if the original test lab had given a
report - the product was obviously defective - the importer would have
placed lives at risk so WELL DONE TSO's.
Perhaps the question SHOULD BE what liability do the Test Lab have to
VICTIMS of non-compliant products???? Any takers???
Gregg
-----Original Message-----
From: [email protected]
[mailto:[email protected]]On Behalf Of Alan E Hutley
Sent: Friday, September 27, 2002 8:53 AM
To: Neil Helsby; [email protected]
Subject: Re: EMC prosecution UK
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