I read in !emc-pstc that Chris Allen <[email protected]> wrote
(in <[email protected]>) about 'DoCs - where
must the signatory reside?' on Wed, 25 Feb 2004:
>You have hit the nail on the head.
>
>My question should have been, if a manufacturer is not established in 
>the EEA, should the signatory be within the EEA? 

The practical solution is that the signatory does not need to be within
the EEA. It was originally intended that he/she DID need to be within
the EEA, but it is simply not practicable. Consider, for example, a
French, German or Italian company whose Technical Director, the obvious
signatory, is a Swiss citizen, resident in Switzerland. He moved from
France to Switzerland after signing the DOC.
>
>I thought the whole point behind the DoC was that in the event of a 
>problem with a product the authorities would have someone they could 
>contact within the boarders of the EEA.

Yes, well, you know what is paved with good intentions? The real world
situation is that the sanctions on offending product are actually quite
sufficient, and the legal pursuit of individuals is almost always not in
the public interest.

Nevertheless, the signatory should meet Woodgate's criteria:

o - someone who has enough technical knowledge to know whether to sign
or not;
and
o - someone senior enough to refuse to sign if it's not justified.

Failure to meet these criteria is likely to imply a failure of 'due
diligence'.
-- 
Regards, John Woodgate, OOO - Own Opinions Only. 
The good news is that nothing is compulsory.
The bad news is that everything is prohibited.
http://www.jmwa.demon.co.uk Also see http://www.isce.org.uk 


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