In message <004801cbbd46$b5ecda70$21c68f50$@dk>, dated Wed, 26 Jan 2011, Kim Boll Jensen <[email protected]> writes:
> >An old product has failed in the market and the discussion is now was >it or was it not legally CE marked. I will assume you are talking about ENs: the situation with IEC standards is different. >A new sub standard (-2-x) to a general standard (-1) was issued and >from that day the product was illegal but before it was legal. Not 'from that day' - all ENs have a transition period - normally 3 years. >But the new sub standard has never been on the list of harmonised >standards before. There is a language problem. 'before' what? >The list has therefore no dow for the standard, but in the standard >there are a dow date. My question is now: > >1: Does the standard apply without a transitional period from the dop >in the OJ No standard comes into force instantaneously. > >2: Does the dow in the standard give the end of transitional period The dow has no significance in law. For the end of the transitional period you need to look at the docopocoss (date of cessation of presumption of conformity of the superseded standard) in the OJ list. It is usually the same as the dow but it may not be, and if the standard is not in the list, there IS no docopocoss. > >My problem is that I need an official statement of what is right since >it shall be used in court. I don't think you can get one. It's up to you and the legal team to present your interpretation of the situation to the court and convince it that you are correct. -- OOO - Own Opinions Only. Try www.jmwa.demon.co.uk and www.isce.org.uk John Woodgate, J M Woodgate and Associates, Rayleigh, Essex UK Plural: data, criteria, phenomena. Singular: datum (different meaning: use 'data element' for a single item), criterion, phenomenon. 'Effect' is a noun, 'affect' is a verb (except in psychiatry). - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to <[email protected]> All emc-pstc postings are archived and searchable on the web at: http://product-compliance.oc.ieee.org/ Graphics (in well-used formats), large files, etc. can be posted to that URL. Website: http://www.ieee-pses.org/ 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]>
