EU Decision 768 does not apply to products or manufacturers – it is was an instruction to change Directives and I would be careful with citing and relying on the paragraphs following “whereas:” in Directives as the obligations are in the Articles of the Directives and not in the preamble: And in the article of a NLF aligned Directive you find:
‘manufacturer’ means any natural or legal person who manufactures radio equipment or has radio equipment designed or manufactured, and markets that equipment under his name or trade mark; The Blue Guide (which is a guide) says The manufacturer is any natural or legal person who is responsible for designing or manufacturing a product and places it on the market under his own name or trademark (91). The definition contains two cumulative conditions: the person has to manufacture (or have a product manufactured) and to market the product under his own name or trademark. So, if the product is marketed under another person's name or trademark, this person will be considered as the manufacturer. Regards Charlie Charlie Blackham Sulis Consultants Ltd Tel: +44 (0)7946 624317 Web: https://sulisconsultants.com/ Registered in England and Wales, number 05466247 From: Richard Nute <[email protected]> Sent: 15 August 2019 23:31 To: [email protected] Subject: Re: [PSES] Branding Products and EU Decision 768 NLF Hi The Other Brian: “Company-A's name and address is on the Nameplate Label on the back of the Widget. Company-A handles everything including the Conformity Assessment, Generating the EU-DoC, Applying the CE marking, audits, inspections, etc..” All of the other markings and stuff are just fluff. They don’t count for compliance. They don’t have to be there for compliance. The Widget “belongs” to Company A despite the Company B markings and stuff. "Any economic operator that either places a product on the market under his own name or trademark .... should be considered to be the manufacturer and should assume the obligations of the manufacturer." The key word is “should,” which is NOT “must.” In this case, Company B, while placing the Widget on the market is NOT the manufacturer. Company A has the obligations of the manufacturer. “A customer purchasing the Widget from Company-B asked for a copy of the EU-DoC. The customer would not accept the EU-DoC because it was generated by Company-A.” Call your customer’s attention to Company A’s nameplate. The nameplate is the only valid data; what Company B marks on the Widget (including the Company B name), from a regulatory point of view, is simply fluff. I suppose you could ask Company A to include a statement on the DoC to the effect that the Widget is also marketed as a Company B Widget. Best regards, Rich - ---------------------------------------------------------------- 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]<mailto:[email protected]>> All emc-pstc postings are archived and searchable on the web at: http://www.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://www.ieee-pses.org/list.html (including how to unsubscribe)<http://www.ieee-pses.org/list.html> List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <[email protected]<mailto:[email protected]>> Mike Cantwell <[email protected]<mailto:[email protected]>> For policy questions, send mail to: Jim Bacher <[email protected]<mailto:[email protected]>> David Heald <[email protected]<mailto:[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://www.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://www.ieee-pses.org/list.html (including how to unsubscribe) 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]>
