Monrad These directives cannot be used at the moment - the relevant detail is at the end of the quoted articles (with my bold text)
2014/30/EU Article 46 Entry into force and application This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.EN 29.3.2014 Official Journal of the European Union L 96/95 Article 1, Article 2, points (1) to (8) of Article 3(1), Article 3(2), Article 5(2) and (3), Article 6, Article 13, Article 19(3) and Annex I shall apply from 20 April 2016. 2014/35/EU Article 28 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 1, the second paragraph of Article 3, Article 5, Article 13(2) and (3) and Annexes I, V and VI shall apply from 20 April 2016. Declarations against these new Directives cannot be issued until 20 April 2016 as they have no legal standing until then Regards Charlie From: Monrad Monsen [mailto:monrad.mon...@oracle.com] Sent: 23 March 2015 21:25 To: EMC-PSTC@LISTSERV.IEEE.ORG Subject: Re: [PSES] Harmonised Standards for EMC Directive 2014/30/EU and Low Voltage Directive 2014/35/EU Hi John, Where is it written that "Directives aren't valid until ALL member states have implemented them"? ENTER INTO FORCE I note that both the Low Voltage Directive and the EMC Directive clearly states: "This directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union." (Emphasis on "shall" is mine.) See the citations below: * Article 45 of the EMC Directive 2014/30/EU that was published in the Official Journal on 29 March 2014. Accordingly, the EMC Directive 2014/30/EU entered into force on 18 April 2014. Please also note that Article 45 does not list Article 15 (EU declaration of conformity) as one of the articles that has a delayed application. * Article 28 of the Low Voltage Directive 2014/35/EU that was published in the Official Journal on 29 March 2014. Accordingly, the Low Voltage Directive 2014/35/EU entered into force on 18 April 2014. Please also note that Article 28 does not list Article 15 (EU declaration of conformity) as one of the articles that has a delayed application. As written, it appears that the new directives are entered into force and can be used on declarations of conformity (DOCs). REPEAL Similarly, both directives state the older directives (2004/108/EC and 2006/95/EC) are "repealed with effect from 20 April 2016, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and the dates of application set out" in the new directives (2014/30/EU and 2014/35/EU). As a result, any products that still relies on the old directives for CE compliance may not be imported and sold after 20 April 2016. Fortunately, both new directives do state that any "references to the repealed Directive shall be construed as references to this [new] Directive and shall be read in accordance with the correlation table given" in the new Directive. As a result, as long as the product still complies with the new directive and just has documentation making outdated references to the old directive. So ... if you are correct that EU directives are "aren't valid until ALL member states have implemented them", I would like to know the official document that contradicts the EU directives themselves. Thanks. Monrad On 3/2/2015 12:50 PM, John Woodgate wrote: In message <000f424e.486384b410ff5...@rpqconsulting.com><mailto:000f424e.486384b410ff5...@rpqconsulting.com>, dated Mon, 2 Mar 2015, "Ron Pickard (RPQ)" <rpick...@rpqconsulting.com><mailto:rpick...@rpqconsulting.com> writes: As I believe as Mr. Woodgate pointed out earlier, these new directives have no legal standing until at least one member state enacts them into their own legal system. To my knowledge, that hasn't happened yet. Anyone have any info on this? There has been a new ruling on this from the Commission. One implementation is NOT ENOUGH: the Directives aren't valid until ALL member states have implemented them. I suppose this is because a member state could find a serious objection to implementation, which would put everything back in the melting pot. - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. 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