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uCurrent shipment issues to European countries

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mcinque:
You know that if you declare your product compliant and then it's not, you will be sued for fraud?

Neganur:
only if something happens and someone actually sues you.

mikeselectricstuff:

--- Quote from: mcinque on April 13, 2015, 07:51:35 am ---You know that if you declare your product compliant and then it's not, you will be sued for fraud?

--- End quote ---
No you won't.
You won't be sued, and it's not fraud.
There is specific legislation around CE marking, however serious penalties only apply where declarations have been intentionally falsified.
There is also often a huge grey area over deciding which  directives & standards apply, especially for niche or unusual products.
Apart from in Germany, enforcement authorities are far too busy (and underfunded) dealing with stuff like fake cigarettes, dangerous toys and things that are actively dangerous to get involved.
 At least in the UK, the system is complaint based, so things are not going to be randomly checked.

mcinque:

--- Quote from: mikeselectricstuff on April 13, 2015, 08:34:19 am ---There is specific legislation around CE marking, however serious penalties only apply where declarations have been intentionally falsified.

--- End quote ---
You have indeed a ton of experience so your statement is probably much, much more solid than mine.

But legally talking what's the difference between a CE declaration that is intentionally falsified (i.e. you know that the product isn't compliant and you declare is as compliant) and a CE declaration of a product that you are only confident to be compliant (but that wasn't tested, so anyone can not be sure about its compliance)?


--- Quote ---and it's not fraud.

--- End quote ---
The issue it's that a CE declaration of conformity it's a legally signed document, so if you state that a product is compliant to some directives and that product it's not, you are signing a false document.

Here this is considered fraud, and if you do this kind of things you must pay a fine (from 5k to 20k euros). You will then be obliged to follow the certification process. And if your product is considered unsafe, you must retire it from the market and obtain the compliance before selling it again.


--- Quote ---Apart from in Germany, enforcement authorities are far too busy (and underfunded) dealing with stuff like fake cigarettes, dangerous toys and things that are actively dangerous to get involved.
--- End quote ---
Oh, indeed. But what about jealous competitors doing some complaints only to get you in troubles?


--- Quote ---At least in the UK, the system is complaint based, so things are not going to be randomly checked.
--- End quote ---
I think it's the same in every EU state. The issue is that almost any end-user electronic product must have a CE declaration to enter/move in EU, so you must attach that document to the product.

EDIT: We all knows that Dave knows exactly how to build a compliant device, so he can declare its conformity without any worries, this is for sure. The point is that IMO, he must prepare a proper CE declaration and attach it to the uCurrent to solve any customs issue.

janoc:

--- Quote from: Jeroen3 on April 13, 2015, 06:41:20 am ---You know CE is self-certification?
There is no need for expensive certification tests by some third party.

--- End quote ---

Until your product gets complained about by some irate customer or competitor. Then you will have a problem and you better have the test results on file.

Of course, this is not something enforceable for products coming from outside of EU, with the manufacturer being outside of the jurisdiction. At worst the product could be banned from the market if found dangerous or causing interference.

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