James, I can not address your question directly, but the following may be of interest. Though a bit dated, it is excerpted from the EU Commission guide to the Machinery Directive. One might naively hope for harmony in concept across the various CE Marking directives.
at http://europa.eu.int/comm/enterprise/mechan_equipment/machinery/guide/content.htm Transmission of information The “machinery” Directive requires instructions to be transmitted. Some manufacturers who usually sell machinery by catalogue through distributors merely show this information in the catalogue. This is a useful but inadequate measure in terms of the “machinery” Directive. A document must be physically transmitted to each buyer of the machine. This rule is based on common law and exists in most of the Member States. 552. Proof of transmission It is generally considered up to the customer who did not receive the instructions to prove that they were not transmitted and not the reverse. Some manufacturers, however, take the trouble to prove transmission of the instructions. Others have the delivery note countersigned by the customer as proof that he has received the instructions. The latter are sometimes attached to this note. The institution by the manufacturer of a formal procedure for the inclusion of the instructions (quality assurance) can make it safe to assume that the instructions have been transmitted. Electronic data interchange is now well established between professionals. The “machinery” Directive is not opposed to instructions being transmitted in this form, but this should be covered by a specific clause in the contract so as to avoid any dispute. Compatibility must be guaranteed between the software used by the manufacturer or his representative and the software used by the buyer. It is the responsibility of the buyer to ensure the physical availability of the instructions for the end-user. The manufacturer can draw the attention of his customer to this responsibility. 553. Distributors and suppliers When a machine is sold through a distributor, the manufacturer's obligation consists of transmitting the instructions to the distributor along with the machine. The obligation of the distributor is to pass on these instructions to the end user along with the machine. The distributor does not have to look for technical information on the machine and often does not have the capacity. On the other hand, if the intermediary, e.g. a supplier, adds to or modifies the technical features of the machine, he must add to or amend the initial information. He obviously does so on his own responsibility and does not commit the manufacturer. Manufacturers may include in their distribution or commercial agency contract the obligation to pass on the instructions to the end user. Regards, Lauren Crane (Mr.) Product Regulatory Analyst Corporate Product EHS Lead Applied Materials Inc. Austin, TX 512 272-6540 [#922 26540] - External Use- "James, Chris" <[email protected]> Sent by: [email protected] 03/25/2008 11:52 AM To <[email protected]> cc Subject user safety info Does anyone know of any authoritative documentation which reinforces the accepted meaning of Article 8, [Cl. 1b] of the General Product Safety Directive, as to require user safety information to be printed matter (rather than any electronic media format)? Ref Directive: <http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:011:0004:0017:EN:PDF> http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:011:0004:0017:EN:PDF Thanks, Chris _____ This message (including any attachments) may contain confidential information intended for a specific individual and purpose. If you are not the intended recipient, delete this message. If you are not the intended recipient, disclosing, copying, distributing, or taking any action based on this message is strictly prohibited. - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. Website: http://www.ieee-pses.org/ To post a message to the list, send your e-mail to [email protected] Instructions: http://listserv.ieee.org/request/user-guide.html List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas [email protected] Mike Cantwell [email protected] For policy questions, send mail to: Jim Bacher: [email protected] David Heald: [email protected] All emc-pstc postings are archived and searchable on the web at: http://www.ieeecommunities.org/emc-pstc
