This isn’t how the LVD and associated standards works.
Standards are voluntary. The legal requirement is compliance with the Essential Health and Safety Requirements (EHSRs) of the directive. It is therefore not the case that a new standard or an amendment automatically changes a product’s status between legal and illegal (in either direction). The question to be answered at law is not whether or not a product complied with a particular standard on a particular date, it is whether or not it met the EHSRs of the Directive when the declaration was made. In the case of an item in continuing production, there may be a need to consider the implications of any new or amended standard, but that’s a slightly different point. Compliance (or not) with a standard, particularly a harmonized standard giving a presumption of conformity, is often very useful. It is not, however, a legal requirement. Furthermore, certainly under English law, it is for the prosecution to prove its case, not for the defence to do so. John. ________________________________ From: Kim Boll Jensen [mailto:[email protected]] Sent: 26 January 2011 10:50 To: [email protected] Subject: [PSES] dow for new standards Hi I’m in a special situation on an LVD standard. An old product has failed in the market and the discussion is now was it or was it not legally CE marked. 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. But the new sub standard has never been on the list of harmonised standards before. 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 2: Does the dow in the standard give the end of transitional period My problem is that I need an official statement of what is right since it shall be used in court. Best regards, Kim Jensen - ---------------------------------------------------------------- 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]> - ---------------------------------------------------------------- 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]>
