So what are the commerical facts in this case? For instance, is anyone aware of ITE equipment that is sold in Germany with only a CE mark, and no GS, TUV, VDE, etc. ?
George Stults CTS, Seattle WA > > Mike you area correct. No state law may exist that is in conflict with the > EMC Directive. Let us assume that the German beer industry determines that > rays from Kryptonite harms beer production, so a law is passed that bans the > element from being imported into Germany. Is this law legal? What if I use > the element inside my pc in order to produce super high processor speeds? Is > my product protected by a Directive? Sorry, I am out of luck. The law is > legal because it is not in conflict with any Directive. > > > > > ---------- > > From: Mike Hopkins[SMTP:mhopk...@keytek.com] > > Sent: Friday, April 24, 1998 12:05 PM > > To: WOODS, RICHARD > > Cc: '@IEEE' > > Subject: RE: GS Requirements > > > > I believe everything you say is correct; however, if you read the first > > page > > of the EMC Directive (if you can get throught the Wheras's and > > Wherefore's) > > it says the following (paraphrased): > > > > Member states have mandatory EMC requirments, these requirements don't > > necessarily lead to different protection levels, but "...do, by their > > disparity, hinder trade within the community." > > > > EMC must be "... harmonized to guarentee the free movement of electrical > > and > > electronic apparatus without lowering existing and justified levels of > > protection..." > > > > Recognizing the need for free movement of trade, barriers currently > > existing > > to intra-community trade must be recognized where there are safety issues, > > harmonization must be confined to EMC, "... these requiremts must replace > > the corresponding national provisions." > > > > It goes on to allow national standards be used in the interim until > > counties > > all adopt the EMC directive.... > > > > Anyway, it seems clear that any national standard the restricts trade > > based > > on additional technical requirements -- beyond CE requirements -- IS in > > direct conflict with the directive. > > > > Well, that was fun, but all I have time for..... They rest of you are now > > free to tear it apart!! Have a ball. > > > > > > Mike Hopkins > > mhopk...@keytek.com > > > > > -----Original Message----- > > > From: WOODS, RICHARD [SMTP:wo...@sensormatic.com] > > > Sent: Friday, April 24, 1998 11:43 AM > > > To: Mike Hopkins > > > Cc: '@IEEE' > > > Subject: RE: GS Requirements > > > > > > How quickly we forget. Recall that the Low Voltage Directive was issue > > in > > > 1973 and was in effect over 10 years before the EMC Directive became > > > effective. So what was the status of local EMC laws during this 10 year > > > period? Since there was no EMC Directive, each state had their own law. > > > Remember the legal need to have emissions testing to the VDE limits? The > > > existance of the Low Voltage Directive had no bearing on the local EMC > > > laws > > > or any other state laws not in conflict with the Low Voltage Directive. > > It > > > is nonsense to say that this situation has now changed just because the > > > EMC > > > Directrive is active. The CE mark denotes compliance with all relevant > > > Directives - that is all it denotes. Each state can still have laws that > > > affect the sale and use of equipment as long as the laws are not in > > > conflict > > > with any Directives. > > > > > > Richard Woods > > > Sensormatic Electronics > > > wo...@sensormatic.com > > > Views expressed by the author do not necessarily represent those of > > > Sensormatic. > > > > > > > ---------- > > > > From: Mike Hopkins[SMTP:mhopk...@keytek.com] > > > > Reply To: Mike Hopkins > > > > Sent: Friday, April 24, 1998 9:16 AM > > > > To: WOODS, RICHARD > > > > Cc: '@IEEE' > > > > Subject: RE: GS Requirements > > > > > > > > I don't believe Germany or any other EU country can impose additional > > > > legal > > > > restraints on the importation or use of equipment beyond the CE > > > > requirements. If this were allowed, each nation could, and probably > > > would, > > > > impose additional restrictive requirements for the importation and use > > > of > > > > products in their country -- exactly what the EU is trying to avoid. > > > This > > > > said, any CUSTOMER can then decide what criteria a product must meet > > > > before > > > > purchasing it, but that's a negotiation between the customer and the > > > > supplier -- not a legal restraint or condition of trade. > > > > > > > > > -----Original Message----- > > > > > From: WOODS, RICHARD [SMTP:wo...@sensormatic.com] > > > > > Sent: Thursday, April 23, 1998 4:32 PM > > > > > To: 'emc-pstc' > > > > > Subject: RE: GS Requirements > > > > > > > > > > Did I miss something along the way? Did Germany delete the > > "Equipment > > > > > Safety > > > > > Law" of 24 June 1968 and ammended 13th August 1980? Article 3 of the > > > law > > > > > says, "The manufacturer or importer of technical equipment may only > > > > > display > > > > > or put into circulation if it is of such a nature, in accordance > > with > > > > the > > > > > generally recognized rules of technology and the work safety and > > > > accident > > > > > prevention regulations . . ." The article then goes on to say " The > > > > > manufacturer or importer of an item of technical equipment may affix > > > > there > > > > > to the symbol "GS = geprfte Sicherheit (safety tested) . . . if the > > > > > equipment has undergone a type test by a Test Centre." The law goes > > on > > > > to > > > > > describe how the technical rules are developed. > > > > > > > > > > Remember that an EU state may have any law affecting equipment as > > long > > > > as > > > > > it > > > > > does not conflict with a Directive. Germany has at least two such > > > > > requirements: ergonomics for workstations (PCs) and human exposure > > to > > > > EMF. > > > > > One cannot receive a GS mark for a PC unless it complies with the > > > > > ergonomic > > > > > requirements of ZH1. That is the law and it is not in conflict with > > > any > > > > > directive since there is no directive on ergonomics nor are there > > any > > > > > harmonized standards. Likewise there is no directive on EMF > > exposure. > > > > The > > > > > ENV 50166 series will eventually become the harmonized standards. > > > > > > > > > > Again, all of this is moot if Germany has repealed the Equipment > > > Safety > > > > > Law > > > > > which I don't beleive they have. > > > > > > > > > > Richard Woods > > > > > Sensormatic Electronics > > > > > wo...@sensormatic.com > > > > > Views expressed by the author do not necessarily represent those of > > > > > Sensormatic. > > > > > > > > > > > > > > > > ---------- > > > > > > From: Ing. Gert Gremmen[SMTP:cet...@cetest.nl] > > > > > > Sent: Thursday, April 23, 1998 3:14 PM > > > > > > To: WOODS, RICHARD; 'emc-pstc' > > > > > > Subject: Re: GS Requirements > > > > > > > > > > > > Hello Richard, > > > > > > > > > > > > No other requirements are necessary for your products then > > > > > "manufacturers > > > > > > declaration", based on EMC and/or LVD requirements/tests, who are > > > > backed > > > > > > up > > > > > > by appropriate standards to attach the ce-mark and export to > > europe. > > > > > Make > > > > > > sure safety instructions are in the right European language. > > > Although > > > > > the > > > > > > lVD directive does not insist on this, local authorities are keen > > on > > > > > > maintaining safety. If any problems occcur, directly contact the > > > > > > European > > > > > > Commission by means of the appropriate office for compliants. Make > > > > sure > > > > > > you > > > > > > have a representative in Europe, who can be contacted for > > inspection > > > > of > > > > > > technical files. > > > > > > > > > > > > Regards, > > > > > > > > > > > > Gert Gremmen Ing. > > > > > > > > > > > > == Ce-test, Qualified testing == > > > > > > Consultants in EMC, Electrical safety and Telecommunication > > > > > > Compliance tests for European standards and ce-marking > > > > > > Member of NEC/IEC voting committee for EMC. > > > > > > Our Web presence: http://www.cetest.nl > > > > > > List of current harmonized standards > > > http://www.cetest.nl/emc-harm.htm > > > > > > 15 great tips for the EMC-designer > > > http://www.cetest.nl/features01.htm > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > -----Oorspronkelijk bericht----- > > > > > > Van: WOODS, RICHARD <wo...@sensormatic.com> > > > > > > Aan: 'emc-pstc' <emc-p...@majordomo.ieee.org> > > > > > > Datum: woensdag 22 april 1998 21:02 > > > > > > Onderwerp: GS Requirements > > > > > > > > > > > > > > > > > > >Equipment sold in Germany must comply with the GS requirements. > > > > > Somewhere > > > > > > in > > > > > > >the bowels of the German Government, there must be a list of > > > > standards > > > > > > that > > > > > > >must be met in order to comply with the GS requirements. Does > > > anyone > > > > > know > > > > > > >where one can find this list? What agency is responsible for > > > > > > >maintaining/changing the list? Is there a legal methodology that > > > must > > > > > be > > > > > > >followed in order to change the list, especially a public notice > > > > prior > > > > > to > > > > > > >the change? Given that a change is going to take place, are there > > > > > > standard > > > > > > >transition rules? > > > > > > > > > > > > > >The particular case at hand is that TUV has informed me that the > > > EMF > > > > > > human > > > > > > >exposure standards have changed. VDE 0848 parts 2 and 4 have been > > > > > > replaced > > > > > > >by ENV 50166-1 and ENV 50166-2. Any further information that > > anyone > > > > has > > > > > > in > > > > > > >this regard would be helpful, especially information on any > > > > transition > > > > > > >rules. > > > > > > > > > > > > > > > > > > > > >Richard Woods > > > > > > >Sensormatic Electronics > > > > > > >wo...@sensormatic.com > > > > > > >Views expressed by the author do not necessarily represent those > > of > > > > > > >Sensormatic. > > > > > > > > > > > > > > > > > > > >
