John,
I find that Conformity magazine provides a lot of great articles on standards
enforcement.  In fact, I list some of the articles on our corporate Intranet
web site to handle questions from both engineers and management.  If you are
interested in the publication, you can sign up for the free publication at
their web site located at  <http://conformity.com/> http://conformity.com/.  I
notice that there is an article this month on FCC "FCC Enforcement: Cell Phone
Jammers".  Since our company does not sell any intentional radiators, I don't
plan to place this article on our web site.
 
Regarding emissions, Dave Cuthbert of Micron Technology has the right idea
that corporations should want to be a good world citizen that avoids excess
polluting the electromagnetic environment.  Similarly for immunity, a
corporation should not only meet the bare minimum standards listed by Europe
for the CE mark but also design to and verify to some margin beyond the
European Union standards so the products are reliable for their customers in
real-world customer environments.  Too often the statisticians do demonstrated
reliability testing in pristine clean computer room labs ignoring the
real-world ESD and power line disturbances that are found in real customer
environments.  Yet there are always some people under the pressure of meeting
a program schedule that need the threat of the law to ultimately do the right
thing, so I do have this web page in my tool box.  Fortunately, these
objections have only come from newly hired managers, and I have never had to
go to VP levels to handle a rogue manager's objections and temptations to cut
corners.
 
The EMC-PSTC distribution list prevents any attachments, so I sent my web page
to you directly in a separate e-mail.  However, to give the rest of the
EMC-PSTC distribution a flavor of the types of agency enforcement that is
occurring out their, I'll list three short excerpts of articles below.
 
1.  October 2004:  On October 2nd, a 20 year-old college student discovered
that his year-old Toshiba Corporation flat-screen TV was emitting an
international distress signal picked up by a satellite, leading a search and
rescue operation to his apartment in Corvallis, Oregon, 70 miles south of
Portland.  The 121.5 MHz signal from the TV was routed by satellite to the Air
Force Rescue Center at Langley Air Base in Virginia.  As a result, the student
 was visited at his apartment by a contingent of local police, civil air
patrol and search & rescue personnel and was told to keep his TV off to avoid
paying a $10,000 fine for "willingly broadcasting a false distress signal." 
Toshiba also contacted him and offered to provide him with a replacement set
for free.  (Reuters on CNN.com)
 
2.  September 2004:  The Federal Communications Commission has amended its
rules to increase the maximum fines (“monetary forfeiture penalties”) it
can levy for violations of its rules. The article reports large fine increases
for broadcasters, cable operators, common carriers.  However, more applicable
to information technology manufacturers, the article reports that fines for
others (including equipment manufacturers and marketers) also increased to
$11,000 per violation or per day of a continuing violation, with a maximum per
continuing violation of $97,500. (Conformity Magazine)
 
3.  November 1997:  On Wednesday 8th October the first prosecution under the
EMC regulations in the UK took place. It was brought by Cardiff Trading
Standards against a local computer manufacturer who assembled computers from
CE marked modules.  A computer purchased by Trading Standards had been tested
and found to be significantly over the limit on conducted emissions.  The
company pleaded guilty to two charges: failure to comply with the protection
requirements and incorrect use of the CE mark. It was fined £1000 on each
charge and £1000 costs.  The company had claimed that it had followed advice
commonly understood that CE + CE = CE, but now accepts that this is not true
in all cases.  (Compliance Club)
NOTE:  Using today's exchange rate, £1000 (UK) = $ 1,777.30 (US).
 
Hope this helps.
 
Monrad L. Monsen
Senior Compliance Project Manager 
Product Compliance Test
303.673.2438 phone
303.673.2431 fax 
 <mailto:[email protected]> [email protected]
StorageTek 


From: [email protected] [mailto:[email protected]] On Behalf Of Tyra, John
Sent: Friday, July 29, 2005 7:20 AM
To: [email protected]
Subject: Request for info on CE Mark penalties



Hello everyone, 

Does anyone have any good articles or website examples of the penalties for
non- conformance for the CE Mark. I especially need examples for EMC
violations to use to stress the seriousness  and impact to business for some
non regulatory people here who need some convincing.

Thanks in advance for your help 


John Tyra 
Manager Product Safety 

Bose Corporation 
The Mountain, MS-450 
Framingham, MA 01701-9168 

Phone: 508-766-1502 
Fax:     508-766-1145  

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