Thanks for your sharing comments!  Actually the manufacturers love to read the 
Directive rather than individual law of each MS.  However there is some 
specific info in the law only, such as local language(s), plug(s), etc.  In the 
UK, it is simpler whereas in other countries such as Finland may require 
Finnish and Swedish.

 

Best regards,

 

Scott Xe

 

From: John Woodgate <[email protected]>
Date: Sunday, 25 March 2018 at 1:12 AM
To: Scott Xe <[email protected]>, <[email protected]>
Subject: Re: [PSES] Time-limits for transposition into national law

 

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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