Court Decisions

Is the future of the CE marking’s regulatory system in danger?

Last week, thisĀ  blogpost of the good folks at European Law Blog was brought to our attention. In a well written article, Megi Medzmariashvili informs us about an interesting case that will be brought to the European Court of Justice soon. This ‘James Elliot Construction case’ concerns the interpretation of the practice of ‘attaching’ harmonised standards to European directives and regulations. This practice is a specific feature of the CE marking directives and the EU’s regulatory approach called the New Legislative Framework.

If the European Court of Justice will follow the opinion of the Attorney General in this case, this could lead to end of one of the corner stones of the CE marking system: the referring to standards developed by private standardisation bodies. It also potentially endangers the European standardisation’s financial model and it could bring an end to the protection of harmonised standard’s copyrights. We’ll be following the developments in this case with great interest!

We thank European Law Blog and Megi Medzmariashvili for allowing us to repost their blog post here:

Interpretation Machinery Directive 2006/42/EC: Interview with Ian Fraser

Interview with Ian Fraser, former Policy Officer at the European Commission responsible for the Machinery Directive (2006/42/EC), and Team Leader about questions related to the Machinery Directive (2006/42/EC).

Doug Nix and Han Zuyderwijk discuss with Ian about:
– the regulatory developments in the directive in the last ten years;
– the concept of the ‘person authorised to compile the technical documentation’ and how it differs from the authorised representative;
– the integration of risk assessment into the EMC Directive and Low Voltage Directive;
– responsibilities for products placed in the market when a) the relevant directives are amended, and b) relevant standards are amended. What does that mean for the conformity assessment and the Declaration of Conformity;
– how the future amendments to the Medical Devices Regulation/Directive relates to the Machinery Directive;
– are electromagnetic compatibility aspects of machinery going to be reinforced in the Machinery Directive;
whether there should be more regulations or certification of CE/Machine Safety consultants.

We briefly lost connection and therefore the recording was interrupted for a short while. Obviously, it pays off to join the live session ;)

Please leave your comments or questions below.

[x_share title=”Share this Post” facebook=”true” twitter=”true” google_plus=”true” linkedin=”true” email=”true”]
About the Author
Han Zuyderwijk

Han Zuyderwijk

How to Check CE Marking Compliance of Suppliers Products’

When you buy parts or components you try to make sure they are CE marked. However, how can you be sure that the CE marking and compliance documentation of your suppliers are real? How can you check the CE marking? For your company it is important to receive CE compliant products or components. Your company has an obligation to check the CE compliance. It may even bear the end responsibility for these supplier products.

FREE Webinar – CE Marking: How You Can Check If Suppliers’ Products Comply

The responsibility for product compliance with CE marking requirements lies with the manufacturer. However, when the manufacturer is located outside of the European Union, and did not comply with the requirements and procedures, the importer can be held accountable.

Sign Here
Do you trust your supplier enough to sign and take responsibility for his products?

In the new rules that have been introduced in 2008, the importer has the obligation to “ensure” the product compliance. This means that the importer must have the knowledge about the applicable rules and procedures. It also means that the importer must actively check the documentation, as well as the product. Importers that place on the market non-compliant products may be prosecuted.

What can importers do to comply with their legal obligation to check product conformity? What means does the importer have to detect possible non-compliance?

Join our FREE Webinar, CE Marking: How You Can Check If Suppliers’ Products Comply on the 13th of March 2014 at 16:00 (GMT+01).