Please also note that the EMC-directive is implemented into the member states
National law (27x), so the exact definition differs by country. But we all know who is mentioned by the unfortunate fellow…. Gert Gremmen Van: [email protected] [mailto:[email protected]] Namens Bill Owsley Verzonden: donderdag 13 januari 2011 21:53 Aan: Bill Owsley; [email protected] CC: [email protected]; [email protected] Onderwerp: Re: EMC Directive + UK Regulations - take 2 Searching the doc, I find that there a number of words used to mention that unfortunate fellow, in whatever capacity he assigns to himself, who turns on the apparatus. There is user, end-user, end user, operator, professional, installer, consumers, etc. And finally, a note that may provide another source for defining the answer to the question. (2) Users – ANEC European Association for the co-ordination of consumer representation in standardisation There is one objective that may not have yet been accomplished: – Improving the legal certainty of the text by making available to those responsible for observing and enforcing the Directive a clearer and more detailed text which provides an answer to the varying interpretations of the existing text, – A coherent and more detailed definition of the aspects covered by the Directive, Attitude is Mind over Matter. If you don't Mind, it doesn't Matter... This email has been displayed using 100% recycled electrons and 100% pure virgin photons. --- On Thu, 1/13/11, [email protected] <[email protected]> wrote: From: [email protected] <[email protected]> Subject: Re: EMC Directive + UK Regulations - take 2 To: "Bill Owsley" <[email protected]> Cc: [email protected], [email protected] List-Post: [email protected] Date: Thursday, January 13, 2011, 1:25 PM Bill, This is an intriguing question. According to the legislative record publicly available, this change of text was part of what the Commission put into the revision mill and it was not challenged by Parliament or Council. Ref http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2002:0759:FIN:EN:PDF There may have been a preperatory study that prompted the change, or it may have occured unilaterally by the Commission person who had the dossier at the time. The above linked document uses the term "end user" several times and it may give you some idea what they were on about. You may well be able to contact the Commission on this point and get some satisfaction. If you do, be sure to share ;-) Cheers, -- Lauren Crane (mr.) Product Regulatory Analyst | Corporate Product EHS | Applied Materials Office 512.272.6540 | Mobile 512.736.7201 | America - Europe - Asia external use ** Save paper and trees! Please consider the environment before printing this e-mail. From: Bill Owsley <[email protected]> To: [email protected], [email protected] List-Post: [email protected] Date: 01/11/2011 04:32 PM Subject: Re: EMC Directive + UK Regulations - take 2 Sent by: [email protected] ________________________________ And who but the "end user" would be using an "apparatus"? Since it is a finished product, it is not being assembled, and if a the "end user" has not yet acquired it, it might be in distribution where it is not likely to turned on. yay verily, if ye turn it on, ye are the end user. Us test types are excluded from this designation. ;-) Attitude is Mind over Matter. If you don't Mind, it doesn't Matter... This email has been displayed using 100% recycled electrons and 100% pure virgin photons. --- On Tue, 1/11/11, [email protected] <[email protected]> wrote: From: [email protected] <[email protected]> Subject: Re: EMC Directive + UK Regulations - take 2 To: [email protected] List-Post: [email protected] Date: Tuesday, January 11, 2011, 4:52 PM Hi Nick: Can you give examples of significant impacts caused by the new wording? How does your quoted paragraph: > "‘apparatus’ means any finished appliance or combination thereof > made commercially available as a single functional unit, intended > for the end user and liable to generate electromagnetic disturbance, > or the performance of which is liable to be affected by such disturbance;" differ from this edited paragraph: > "‘apparatus’ means any finished appliance or combination thereof > made commercially available as a single functional unit, -------- > --- --- --- ---- and liable to generate electromagnetic disturbance, > or the performance of which is liable to be affected by such disturbance;" Pat Lawler EMC Engineer SL Power Electronics Corp. Nick Williams <[email protected]> wrote on 01/11/2011 01:36:57 PM: > I realise that the (ominous?) silence which has greeted my earlier > enquiry is probably the result of me failing to be clear enough in > my original question, so I will re-state it. Please ignore my earlier post! > The concept of 'end user' to which I refer is contained in the > definition of what is within the scope of the EMC Directive, > contained in article 2(1)b: > "‘apparatus’ means any finished appliance or combination thereof > made commercially available as a single functional unit, intended > for the end user and liable to generate electromagnetic disturbance, > or the performance of which is liable to be affected by such disturbance;" > According to this clause, products which are not intended for the > 'end user' are not within the scope of the EMC Directive. > I would like to gain some insight into how the concept of end user > came to be included within the new Directive, and what it means. To > re-iterate what I said earlier, the phrase 'end user' was not in the > original EMC Directive 89/336/EEC, nor was it introduced by any of > the amendments brought in before the whole Directive was replaced by > 2004/108/EEC in 2007. However, the phrase is used in the UK > Regulations which implemented 89/336/EEC, and these include a definition. > The phrase was introduced into the new EMC Directive 2004/108/EC, > although it is not actually defined in the Directive itself. This > usage in the section defining scope is carried through to the UK > Regulations (as one would expect) but the definition of the term > 'end user' which was in the 2005 Regulations is no longer in the > 2006 version. The Commission guide on the new Directive contains > some guidance which is broadly consistent with, although by no means > the same as, the definition in the UK's 2005 Regulations. > The reason for my interest is that, on the face of it, the change to > make the EMC Directive only applicable to products intended for an > end user has a very significant impact on the scope of the Directive > and I am surprised that more was not made of this at the time that > the new Directive came into force. Or have I missed something? > Nick. > - > ---------------------------------------------------------------- > 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]> - ---------------------------------------------------------------- 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]> - ---------------------------------------------------------------- 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]>
