This is actually legally problematic. The UK government originally
considered that a Directive came into effect when one Member State (MS)
had incorporated it, but the Commission held that it did not come into
effect until all MS had incorporated it. I think that manufacturers
should disregard this, and assume that the Directive comes into effect
when the Commission says it will. It is also likely that if surveillance
authorities in an MS that has not incorporated a Directive find a
serious problem (probably more likely a safety issue than EMC), they
will notify the surveillance authorities in one or more MS that have
incorporated the Directive.
John Woodgate OOO-Own Opinions Only
J M Woodgate and Associates www.woodjohn.uk
Rayleigh, Essex UK
On 2018-03-24 14:08, Scott Xe wrote:
Before the effective date of an EU Directive such as LVD, the member
state must transpose the Directive into national law. In case the
member state cannot do it before the effective date, what is the
Directive status of that member state? The old law is still valid and
new law of the new Directive is not valid yet. What is the basis of
the market surveillance to do their routine check on products in the
market?
For EU regulation, there is no above issue. The EU regulation is the
law of all member states, isn’t it?
Thanks and regards,
Scott Xe
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