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<strong>market</strong> <strong>market</strong> <strong>access</strong> <strong>access</strong> mar/<strong>08</strong>/apr<br />

www.us.tuv.com<br />

www.tuv.com<br />

Your KeYs to NatioNal aNd iNterNatioNal CompliaNCe<br />

The GS Mark<br />

MaGnify your MarkeTabiliTy<br />

wiTh Third parTy cerTificaTion<br />

The Inside View 2<br />

Overview From Our Product<br />

Safety Division Manager<br />

Cover Story: 3<br />

Product Safety<br />

The GS Mark<br />

Late-Breaking News 6<br />

Testing And Analysis Of Polycyclic<br />

Aromatic Hydrocarbons (PAH) For<br />

GS Mark Certification<br />

Late-Breaking News 8<br />

Announcing The Monthly Customer<br />

Feedback Survey Winners<br />

Wireless 9<br />

Introducing The Wi-NOT Alliance<br />

Machinery 12<br />

The EU’s New Machinery Directive<br />

And Its Impact On Certification<br />

Product Safety 18<br />

Rochester, N.Y. Office Receives<br />

NVLAP Accreditation<br />

News 20<br />

TUVdotCOM Launches A New<br />

Look And Feel On The Web<br />

TÜVRheinland ® Resources 22<br />

Tradeshows


<strong>market</strong> <strong>access</strong> mar/<strong>08</strong>/apr<br />

The Inside View<br />

Dear Valued Customers,<br />

Consumers can distinguish whether a product has<br />

been tested and is harmless by simply looking for the<br />

certification mark on a product. The GS Mark is proof that<br />

it has been tested for product safety by an independent<br />

testing organization.<br />

GS Mark is currently not mandated by law, allowing potential<br />

for dangerous products in the <strong>market</strong>place. GS Mark is a<br />

key differentiator when a product’s malfunction leads to an<br />

accident, where the manufacturer could be held responsible<br />

under Germany’s (and the EU’s) strict product liability laws.<br />

These types of incidents can be prevented by GS Mark<br />

certification.<br />

The GS Mark was created to meet the safety demands<br />

of the industry, importers, distributors, trade-houses,<br />

public insurance and consumer organizations in<br />

Germany. Many organizations were experiencing<br />

difficulty controlling safety compliance of their products,<br />

to curtail uncertainties concerning product liability and<br />

sustain customer satisfaction. The GS Mark certification<br />

validates product’s compliance under German safety<br />

laws and assures product safety.<br />

In addition, the GS Mark is a convincing <strong>market</strong>ing<br />

aid creating customer confidence and purchasing<br />

motivation. The GS Mark is valid for most electrical<br />

consumer products such as toys, household appliances,<br />

handheld tools and IT/office and AV Equipment. The idea<br />

of the GS-mark was so successful, not only did it become<br />

a <strong>market</strong>ing criterion but also received recognition<br />

by consumers and distributors in countries outside of<br />

Europe.<br />

In this issue of Market Access, our cover story explores<br />

the significance of the GS Mark and delves into<br />

clarifying its difference from the CE Marking. You will<br />

also find articles on the EU’s new machinery directive<br />

and details into the Wi-Not organization. You’ll get to<br />

discover timely news items, such as the TUVdotCOM<br />

enhancements, customer feedback contestant winner,<br />

tradeshows and more.<br />

Sincerely,<br />

Dan Sullivan<br />

Product Safety Division Manager<br />

Dan Sullivan<br />

PRODUCT SAFETY DIVISION MANAGER<br />

TüVRheinland ®<br />

2


<strong>market</strong> <strong>access</strong><br />

Cover Story<br />

Product Safety<br />

The GS Mark<br />

Clarifying The Significance And Difference Between GS Mark and CE Marking<br />

Authored by Dan Sullivan, (Newtown, CT) Product Safety Division Manager<br />

The TüVRheinland ® GS Mark has its roots in<br />

the German equipment safety law but the literal<br />

translation of “GS” does not stand for German safety,<br />

but rather “safety-tested”. Typically, the electrical<br />

safety aspects of a product are evaluated, tested<br />

and certified in conjunction with the issuance of this<br />

marking.<br />

The TüVRheinland ® GS Mark signifies:<br />

• A representative sample of the product has been<br />

evaluated, tested and approved for safety.<br />

•<br />

The production line is inspected on an annual<br />

basis.<br />

The TüVRheinland ® GS Mark may also provide a<br />

<strong>market</strong>ing advantage since it is a voluntary mark.<br />

CoNTiNueD oN PAge 4<br />

mar/<strong>08</strong>/apr<br />

GS Mark vs. ce Marking<br />

There is often confusion about the terms CE and<br />

GS among non-European manufacturers. To better<br />

understand the differences between each, and avoid<br />

misunderstandings, a brief explanation follows.<br />

The TüVRheinland ® , GS Mark is a voluntary testmark.<br />

It is attached to a product to highlight<br />

that a third party has tested its safety and that a<br />

continuous production control is maintained. The<br />

GS Mark was created to meet the demands of<br />

industries, importers, distributors, trade-houses,<br />

public insurance and consumer organizations in<br />

Germany. It verifies the compliance of technical<br />

products with the safety requirements of the<br />

German safety law. These organizations could<br />

not afford to control the compliance of articles<br />

from all over the world by themselves, but wanted<br />

to avoid uncertainty concerning product liability<br />

and customer satisfaction. The concept of the GS<br />

Mark was so successful that it became not only a<br />

<strong>market</strong>ing tool but also found wide acceptance from<br />

consumers and distributors in other countries in and<br />

outside of Europe.<br />

On the other hand, CE Marking is a mandatory<br />

regulation and not a test-mark. It was created by<br />

the European Union as an authorization for customs<br />

officials - proving that the product may be traded<br />

freely within Europe. Since the CE Marking has to<br />

be attached to each and every product within the<br />

3


<strong>market</strong> <strong>access</strong><br />

Cover Story<br />

Product Safety<br />

The GS Mark (continued)<br />

scope of the European directives, it has no special<br />

<strong>market</strong>ing value. Prior to the introduction of the CE<br />

Marking, products had to comply with each country’s<br />

safety regulations. Today, products must fulfill the<br />

same requirements as before, but now have to show<br />

it through CE Marking.<br />

In contrast to the TüVRheinland ® GS Mark, the<br />

CE Marking is the manufacturer’s self-declaration<br />

and does not prove compliance to all applicable<br />

directives. For most products sold in the EU, the use<br />

of the CE Marking and a Declaration of Conformity<br />

are mandatory.<br />

Voluntary<br />

CoNTiNueD oN PAge 5<br />

TÜVrheinland ® GS Mark<br />

Only appears on approved products<br />

Proof of testing and certification through an<br />

independent third party test laboratory<br />

Continuous product and production surveillance<br />

by independent third party for the life of the<br />

certification<br />

TüVRheinland ® GS Mark: A symbol for safety and<br />

compliance of products<br />

tÜVrheinland ® Gs mark vs. Ce marking<br />

With the exception of some high risk<br />

products, most products can be self-declared<br />

by the manufacturer to meet the “essential<br />

requirements”. The CE Marking grants a<br />

product: placement on the European Market, the<br />

free movement within this <strong>market</strong>, and also permits<br />

the withdrawal of non-conforming products.<br />

However, the CE Marking is not an approval,<br />

certification or quality mark; nor is it a <strong>market</strong>ing<br />

tool. The CE Marking is only a declaration of the<br />

supplier’s own responsibility.<br />

Required<br />

ce Marking<br />

Appears on all products<br />

mar/<strong>08</strong>/apr<br />

Testing is assumed but not proven<br />

No <strong>market</strong> advantage, simply a manufacturer’s<br />

self declaration of conformity<br />

CE Marking: A symbol for trade with the<br />

assumption of conformity<br />

4


<strong>market</strong> <strong>access</strong> mar/<strong>08</strong>/apr<br />

Cover Story<br />

Product Safety<br />

The GS Mark (continued)<br />

The world of the TÜVrheinland ® GS Test Mark<br />

In today’s <strong>market</strong>, many products can seem like<br />

“peas in a pod”. Consumers often don’t know what<br />

criteria to apply when making their final buying<br />

decision. It is impossible to immediately determine<br />

the “inner values” of a device. For manufacturers,<br />

dealers and importers who want to place their<br />

products on the <strong>market</strong> successfully, it is therefore a<br />

question of displaying a mark standing for safety. The<br />

TüVRheinland ® , GS Mark, in existence for more than<br />

20 years, is highly regarded in the field of equipment<br />

safety. In the present <strong>market</strong> situation, with products<br />

from all over the world competing for consumers,<br />

the TüVRheinland ® , GS Mark is more important<br />

than ever. This mark, awarded by an independent<br />

testing institution such as TüVRheinland ® , has the<br />

trust of consumers, not only in Germany, but now<br />

in neighboring countries in the east and west as<br />

well. The TüVRheinland ® GS Mark not only provides<br />

<strong>market</strong> value, but also protects consumers. This can<br />

be seen in the most recent compulsory regulations<br />

which protect consumers of GS Marked products<br />

from Polycyclic Aromatic Hydrocarbons (PAH). See<br />

“Late Breaking News” for more details on this new<br />

GS Mark requirement.<br />

For more information, please call 1-TuV-rheinland<br />

(1-888-743-4652).<br />

5


<strong>market</strong> <strong>access</strong><br />

Late-Breaking News<br />

Testing And Analysis Of Polycyclic Aromatic Hydrocarbons<br />

(PAH) For GS Mark Certification<br />

current requirements<br />

On November 20, 2007, the Committee for Technical Work Equipment and Consumer Products (AtAV)<br />

decided to include the test for PAH as a mandatory requirement for GS Mark certification. Up till now,<br />

PAH tests and analyses were conducted voluntarily, independent of GS Mark certification.<br />

As of April 1st of 20<strong>08</strong>, GS Mark certification of products must comply with the PAH thresholds as defined<br />

in the following table.<br />

parameter<br />

Benzo[a]pyrene<br />

mg/kg<br />

Sum of 16 PAH<br />

(EPA) mg/kg<br />

category 1<br />

Materials in direct<br />

contact with food, or<br />

materials intended to be<br />

put into the mouth, and<br />

toys for children aged<br />

< 36 months<br />

Not detectable (


<strong>market</strong> <strong>access</strong><br />

Late-Breaking News<br />

Testing And Analysis Of Polycyclic Aromatic Hydrocarbons (PAH) For GS Mark<br />

Certification (continued)<br />

current Timescale<br />

On February 4, 20<strong>08</strong>, the ZLS(Central Authority of the German Federal States for Safety) also stipulated on<br />

the timeframe for existing and new GS certificates:<br />

• For certification from 04-01-20<strong>08</strong> onwards (including ongoing projects which will be completed after this<br />

date), the provision defined above is mandatory.<br />

• For ongoing certification projects to be completion before 04-01-20<strong>08</strong>, the provision defined above is<br />

recommended.<br />

•<br />

Certification issued before 04-01-20<strong>08</strong> will remain valid for the time being. Within the framework of<br />

periodical control measures, the provision defined above is mandatory. In case it can be concluded that<br />

the respective requirements are not kept, the certification has to be withdrawn immediately.<br />

The testing method to be used is bindingly stipulated by the ZLS (Central Authority of the German Federal<br />

States for Safety). But due to the large number of PAH-relevant materials in products, the testing costs<br />

using the prescribed testing methods can be considerable. TüV Rheinland Produkt und Umwelt GmbH has<br />

therefore developed a PAH quick test.<br />

The PAH quick test can be used as a partial quantitative preliminary test on PAH-relevant materials.<br />

This test can help significantly reduce the number of laboratory analyses actually needed. It can even be<br />

carried out by “laymen” under instruction. This means you can begin to take action immediately.<br />

For more information, please call 1-TuV-rheinland (1-888-743-4652).<br />

mar/<strong>08</strong>/apr<br />

7


<strong>market</strong> <strong>access</strong> mar/<strong>08</strong>/apr<br />

Late-Breaking News<br />

Announcing The Monthly Customer Feedback Survey Winners<br />

Management System Certification Response Yields Valuable Prize For<br />

Lucky Contestants<br />

Congratulations to Brenda Frank from Bemis<br />

Manufacturing - the December winner and<br />

Rick Linville from Conmet-the January winner<br />

of TüVRheinland ® ’s customer feedback survey<br />

drawings for the Management System Certification<br />

(MSC) Division. Brenda and Rick are proud<br />

winners of an elegant TüVRheinland ® clock,<br />

which was recently sent to them, compliments of<br />

TüVRheinland ® .<br />

Providing customer service is critical to the MSC<br />

Division of TüVRheinland ® . The customer feedback<br />

survey is given to all customers at the completion of<br />

their audit and is used to identify the following key<br />

points in providing good customer service:<br />

• Response time of services<br />

• Quality of services<br />

• Communications with staff<br />

• Technical competence<br />

• Level of knowledge<br />

• Level of courtesy<br />

• Overall impression<br />

• Professionalism of auditor<br />

If you are a quality customer, please take a few<br />

moments to respond to this mutually beneficial<br />

survey and qualify as the winner of TüVRheinland ® ’s<br />

monthly prize. Other response vehicles are available<br />

to TüVRheinland ® customers through an online<br />

feedback form available at www.us.tuv.com.<br />

For any certification, testing or compliance questions,<br />

please call 1-TuV-rheinland (1-888-743-4652).<br />

8


<strong>market</strong> <strong>access</strong> mar/<strong>08</strong>/apr<br />

Wireless<br />

Introducing the Wi-NOT Alliance<br />

Business Not-As-Usual For The Worldwide Certification Agency<br />

Authored by Dr. Farouk Zanaty, (Pleasanton, CA) Wireless Development Manager<br />

Similar existing alliances like Wi-Fi and Wi-Max<br />

are mainly to test and certify wireless products for<br />

“Interoperability”. The Wi-NOT Alliance will focus on<br />

testing and certifying wireless devices and wireless<br />

networks of all scales for wireless “performance”.<br />

TüVRheinland ® is taking the initiative to create a new<br />

alliance for wireless testing. The new alliance will be<br />

referred to as the “Wireless Networks Optimum Trends<br />

Alliance” or the “Wi-NOT” Alliance.<br />

The Wi-NOT Alliance is a “Not-for-profit” organization<br />

registered in the state of California, USA. It is founded<br />

by TüVRheinland ® , which is referred to as the “Principal<br />

Founder”, and Veriwave Systems, which is referred to as<br />

the “Principal Co-founder”.<br />

The <strong>market</strong> for the Wi-NOT alliance is based on the<br />

membership of companies that manufacturer, integrate<br />

and use wireless devices and wireless networks of<br />

all sizes. These particular companies have interest<br />

in showing their clients that their wireless products,<br />

whether individually or as parts of networks, perform<br />

to the internationally recognized standards. When<br />

products exceed some performance criteria metrics<br />

(as to be finalized by the Wi-NOT Alliance), the<br />

CoNTiNueD oN PAge 10<br />

member companies will make best effort to present<br />

corresponding performance certifications, along with<br />

quality indicators. For this reason, the Wi-NOT Alliance<br />

designates a testing house (TüVRheinland ® ) to perform<br />

certification tests that will lead to the granting of the<br />

Wi-NOT Alliance logo to be printed on the certified<br />

products. In addition to the logo, the certified products<br />

will be authorized to have the quality indicator printed<br />

on them as well. The logo and the quality indicator will<br />

be trademarked under the Wi-NOT Alliance.<br />

The Wi-NOT alliance will be self-funded with revenue<br />

streams from membership fees, parts of testing fees<br />

and from promotions of specific products on its web<br />

site. Also, the Wi-NOT alliance may accredit other<br />

testing houses (with focus on TüVRheinland ® as a<br />

principal founder with unparallel privileges to open<br />

additional worldwide locations) to add other labs<br />

where TüVRheinland ® and Veriwave may provide<br />

training materials, as well as hands-on training.<br />

Mission<br />

• Establish performance, benchmark testing alliance<br />

for low and high mac levels for WLAN devices,<br />

networks and services based on IETF drafts and<br />

standards (RFCs)<br />

• Establish standard ranking for performance criteria<br />

based on associated test plans corresponding to<br />

the IETF releases<br />

•<br />

Standardize “quality” indicator to be recognized<br />

when combined with Wi-NOT logo on certified<br />

products<br />

9


<strong>market</strong> <strong>access</strong><br />

Wireless<br />

Introducing the Wi-NOT Alliance (continued)<br />

performance Metrics<br />

These performance metrics will apply to Units Under<br />

Test (UUT). The UUT is considered a black box that<br />

contains only one wireless unit, many units or integrated<br />

networks of all scales. Examples of the performance<br />

metrics will be:<br />

• Throughput<br />

• Latency (and Jitter)<br />

• Packet Loss<br />

• Back to Back burst packet loss<br />

objectives<br />

• Convince wireless networks end users that wireless<br />

devices of all types (APs, Routers, Clients), and<br />

wireless networks of all scales (WLAN – WWAN<br />

– WMAN), to be commissioned for service only if it is<br />

“Wi-NOT Certified” for performance<br />

•<br />

Be recognized as an international body for certifying<br />

the performance of wireless devices and networks<br />

Management Team<br />

Officers: The principal officers of this Corporation will<br />

be a Chairman, Vice Chairman, Chief Financial Officer<br />

or Treasurer, Secretary and other officers as the Board<br />

of Directors may appoint. One person may hold two or<br />

more offices. Officers of the Corporation may be any<br />

person nominated by a Director and duly elected by the<br />

Board as long as they are an employee or duly authorized<br />

representative of any Member of the Corporation.<br />

CoNTiNueD oN PAge 11<br />

mar/<strong>08</strong>/apr<br />

It is anticipated that the Chairman and Vice Chairman<br />

positions be filled by TüVRheinland ® . The remaining<br />

two positions for Chief Financial Officer or Treasurer,<br />

and Secretary may be filled by managers from Veriwave<br />

(2) or a manager from Veriwave (1) and a manager from<br />

the first companies to join as a BoD member (1).<br />

Membership levels<br />

There will be 3 membership levels of the Wi-NOT Alliance:<br />

1. Sponsor – This level will include the principal<br />

founders and all member companies that pay the full<br />

annual duties of the alliance. The member companies<br />

at this level will actively participate in task groups,<br />

formulate test plans and test their products/networks<br />

for performance and seek alliance certification.<br />

Furthermore, they will be privileged to be on the Board<br />

of Directors, subject to the alliance bylaws.<br />

2. Promoter – This level entitles its members to all<br />

privileges of the Sponsor members without the<br />

possibility of being a BoD member.<br />

3. Observer – This level entitles its members to<br />

participate in the alliance meetings. In return, the<br />

alliance may display the company names on its web<br />

site.<br />

distinct competencies<br />

• The capabilities and the combined track record for<br />

the Principal Companies to offer testing services<br />

according to internationally recognized standards<br />

and to build own testing systems and test plans<br />

• Accreditation of other alliances like Wi-Fi and<br />

Zigbee for the Principal Founder to perform tests<br />

for wireless devices<br />

10


<strong>market</strong> <strong>access</strong><br />

Wireless<br />

Introducing the Wi-NOT Alliance (continued)<br />

•<br />

Ability for the Principal Co-founder to contribute to<br />

the world standards from the Internet Engineering<br />

Task Force (IETF) as a co-author for benchmarking<br />

testing criteria<br />

product or Service<br />

Description:<br />

The testing and certification of wireless devices and<br />

networks according to IETF and other international<br />

performance benchmarking standards.<br />

Benefits to customer:<br />

The ability to label products with the alliance logo and<br />

trade mark. This increases sales, guarantees projects of<br />

a large scale and increases revenues that help with the<br />

R&D of other new products and new technologies for the<br />

manufacturer.<br />

Differences from current offerings:<br />

At this time there is no other similar alliance in the world<br />

that offers these services to a group of allied companies.<br />

mar/<strong>08</strong>/apr<br />

11<br />

keys to Success<br />

• Participation of influential companies as Promoter<br />

level members, who are leaders in the industry in<br />

their respective wireless categories. Examples of<br />

these companies are Cisco, RIM, and Verizon.<br />

• Convincing the end users of all scales of wireless<br />

devices and networks to demand performance<br />

certification and to include these wireless entities<br />

in their operational networks as a condition.<br />

Examples of these are; metropolitan network<br />

organizers, healthcare organizations, and large<br />

service providers.<br />

location and facilities<br />

The Wi-NOT alliance will have its first location in<br />

Pleasanton, California. The plan is to expand to other<br />

locations in Taipei, Taiwan; TüV headquarters in<br />

Germany; and Tokyo, Japan.<br />

For more information, please call 1-TuV-rheinland<br />

(1-888-743-4652).<br />

The Wi-NOT Alliance will test and<br />

certify performance of individually<br />

devised and integrated wireless<br />

networks


<strong>market</strong> <strong>access</strong><br />

Machinery<br />

The EU’s New Machinery Directive And Its Impact On Certification<br />

To Avoid Issues In 2009, Compliance Efforts Should Start Today<br />

Reprinted with permission, this article originally appeared in the January 20<strong>08</strong> issue of Conformity, www.conformity.com , authored by udo<br />

Heinz, (uSA) industrial Machinery Division Manager<br />

The European Union’s (EU’s) new Machinery Directive<br />

(2006/42/EC) is almost here. Adopted by the European<br />

Parliament and the Council of Ministers in June 2006,<br />

it was enforced 20 days later. Since then, conformity<br />

experts have been examining the documents for<br />

differences. On December 29, 2009, the new provisions<br />

will become effective and replace the current version<br />

of the Machinery Directive (98/37/EC).<br />

Fortunately, we have already had some time to test the<br />

waters with respect to this new legislation. For the next<br />

two years, we will see members of the EU adopt them<br />

into national law. Until this adaptation period ends in<br />

December 2009, EU countries are still accepting the<br />

current Machinery Directive as applicable.<br />

Most impacted by these changes are manufacturers<br />

of machines and machine assemblies as well as<br />

machine importers. Specifically, manufacturers of<br />

partly complete machines must abide by the Machinery<br />

Directive and issue a Declaration of Incorporation.<br />

CoNTiNueD oN PAge 13<br />

mar/<strong>08</strong>/apr<br />

12<br />

Additionally, the requirements for machine importers<br />

have also been expanded under this new legislation.<br />

Now, they will need to have a technical file in Europe<br />

and, on the Declaration of Conformity, must list the<br />

machine manufacturer’s name and address, in addition<br />

to the authorized representative’s contact information in<br />

the EU (identical to what is required in the Low Voltage<br />

Directive (2006/95/EC), and the technical file contact.<br />

changes address circulation, advancements and Safety<br />

While the new Machinery Directive has several<br />

consistencies with the current version, there are several<br />

differences between the two – none of which can be<br />

considered radical. Overall, the new legislation focuses<br />

more on free circulation within the EU <strong>market</strong>, as well as<br />

on various health and safety rulings. More importantly,<br />

the new legislation clarifies many passages of text that<br />

were previously considered a challenge for conformity<br />

experts to interpret.<br />

With the new directive, the EU addresses advancements<br />

in machinery that occurred after the current directive<br />

was implemented. As expected, the technology to<br />

produce or run machinery has evolved and the current<br />

directive, as it was written, could not accommodate<br />

some of these technological leaps. Over the years, the<br />

Commission issued guides to update the current directive.<br />

Compliance experts also spent a considerable amount<br />

of time interpreting parts of the directive to make sure<br />

new technology could meet certification requirements.<br />

In time, this methodology became an accepted part of<br />

the industry.


<strong>market</strong> <strong>access</strong><br />

Machinery<br />

The EU’s New Machinery Directive And Its Impact On Certification (continued)<br />

The new Machinery Directive (2006/42/EC) will act<br />

as an umbrella for harmonized safety standards,<br />

eliminate previously ambiguous text and accommodate<br />

potential advances within the machinery industry. As<br />

such, we will find that the directive’s language will be<br />

general enough to encompass anticipated changes<br />

in technology and to consider a wide range of issues.<br />

The final list of harmonized standards under the new<br />

Machinery Directive is not yet known, but will be similar<br />

to what is available now.<br />

The current Machinery directive (98/37/ec)<br />

The development of the new Machinery Directive<br />

has been 30 years in the making. Some of the current<br />

directive dates as far back as the 1970s, but the most<br />

recent updates were implemented about 10 years<br />

ago. Most of these changes became law through<br />

implementation into national legislation of the directive’s<br />

essential requirements, which took effect in 1993 with a<br />

two-year transitional period.<br />

At the time, many in the industry were unclear about<br />

these new requirements. The Commission offered<br />

interpretive guides and additional training to aid<br />

compliance professionals. On January 1, 1995, the<br />

directive became mandatory. By this time, EU member<br />

states had time to work through questions regarding the<br />

provisions of the directive, and compliance specialists<br />

learned how to interpret and apply the directive’s<br />

wording to the machinery at hand.<br />

The evolution of machinery over the last decade has<br />

spawned new issues concerning health and safety,<br />

thereby providing further reason to update the directive.<br />

However, some wonder why it has taken over 10 years<br />

to update this legislation. Ultimately, it takes time to<br />

harmonize the directive and then transfer it into law in<br />

each of the member states.<br />

CoNTiNueD oN PAge 14<br />

mar/<strong>08</strong>/apr<br />

13<br />

As will be seen with the new Machinery Directive, it will<br />

take roughly three-and-a-half years for the new law to<br />

be adopted throughout the EU. After that happens, it is<br />

a time-intensive process to update the text. In fact, the<br />

more people who have an opinion about the legislation,<br />

the more time it will take to make further changes. As a<br />

result, we predict that the new Machinery Directive will<br />

be around for quite some time.<br />

Major changes to the new Machinery directive<br />

As previously mentioned, many of the changes found<br />

in the new Machinery Directive are clarifications of<br />

previous amendments to the current directive, and still<br />

only define the minimum level of safety required for<br />

machines entering the EU <strong>market</strong>place. Upon review,<br />

compliance experts will ultimately need to look at six<br />

major changes in this updated directive. The areas most<br />

impacted concern changes to: the Low Voltage Directive,<br />

Lifts, Essential Health and Safety Requirements,<br />

Conformity Assessment, Market Surveillance.


<strong>market</strong> <strong>access</strong><br />

Machinery<br />

The EU’s New Machinery Directive And Its Impact On Certification (continued)<br />

low Voltage directive (lVd, 2006/95/ec)<br />

The Low Voltage Directive (LVD) covers electrical<br />

equipment designed for use with a voltage rating of<br />

between 50 and 1000 V for alternating current and<br />

between 75 and 1500 V for direct current.<br />

Typically, the standard equipment covered under the<br />

LVD are household appliances (EN 60335 series of<br />

standards); information technology equipment such<br />

as PCs (EN 60950-1); or laboratory, measurement and<br />

control equipment (EN 61010-1).<br />

The primary differences between the LVD and the<br />

Machinery Directive include devices’ moving parts and<br />

the ranking of their risks. To sum, the risks involved with<br />

moving parts on a device are more severe under the<br />

Machinery Directive.<br />

On the subject of “main risk,” the new Machinery<br />

Directive eliminates the gray area that used to exist<br />

between the Machinery and the Low Voltage Directives.<br />

Now, there are six defined categories of electrical<br />

machinery that are specifically excluded from the scope<br />

of the Machinery Directive, and which must comply with<br />

the Low Voltage Directive. Those categories include:<br />

• Domestic household appliances<br />

• Audio and video equipment<br />

• Information technology equipment<br />

• Office machinery<br />

• Low-voltage switchgear and control gear<br />

•<br />

Electric motors<br />

The office machinery category required special<br />

clarification. Manufacturers of those devices ran into<br />

problems during the certification process, depending<br />

on their jurisdiction in Europe. Within the first 12 - 18<br />

months after the new directive is in place, the EU<br />

Commission will probably give some guidance on which<br />

devices are covered and where they fall within those<br />

categories.<br />

CoNTiNueD oN PAge 15<br />

mar/<strong>08</strong>/apr<br />

14<br />

There are numerous types of electrical machinery that<br />

do not fall into these categories, but which still pose<br />

some level of electrical risk. In that case, they must<br />

follow the Low Voltage Directive’s safety requirements.<br />

Additionally, this machinery must comply with the<br />

Machinery Directive regarding conformity assessment<br />

and <strong>market</strong> placement.<br />

EN 60204-1, the standard that covers machinery’s<br />

electrical safety requirements, is the most useful<br />

standard when assessing the electrical compliance of<br />

machines.<br />

lift directive (95/16/ec)<br />

In effect since July 1, 1999, the Lift Directive oversees the<br />

design, manufacture and installation of lifts (elevators)<br />

and ensures their safety and free circulation within the<br />

EU <strong>market</strong>. As can be expected, lifts have become faster<br />

over the past decade, and updates to the directive have<br />

become more ambiguous over time. The new Machinery<br />

Directive will include some essential clarifications to<br />

this section. Briefly, the Lift Directive will not consider


<strong>market</strong> <strong>access</strong><br />

Machinery<br />

The EU’s New Machinery Directive And Its Impact On Certification (continued)<br />

lifts that are incapable of surpassing 0.15 m/s in speed.<br />

Equipment that does not reach this velocity will look to<br />

the Machinery Directive’s requirements instead.<br />

These types of lifts are commonly not open to the public,<br />

and are more likely to be located at industrial sites,<br />

such as refineries or other larger industrial installations.<br />

These lifts are commonly used to bring workers to their<br />

workplace (i.e., maintenance personnel to the top of a<br />

tower on a drill platform), and could be considered an<br />

“<strong>access</strong>ory” to an existing machinery installation.<br />

Safety components annex<br />

Safety has become an overriding issue over the past<br />

decade, and the new Machinery Directive will deliver a<br />

detailed list of 17 safety components in a new Annex V.<br />

This particular list is distinct in that the EU’s Machinery<br />

Committee can update the range of safety components to<br />

cover new products. A sample of items on this list include:<br />

• Logic units to ensure safety functions<br />

• Emergency stop devices<br />

• Locking landing doors<br />

• Devices to prevent falls referred to in Section 3.2 of<br />

Annex I to prevent the car from falling or unchecked<br />

upward movements<br />

• Over speed limitation devices<br />

• Energy-accumulating shock absorbers (non-linear<br />

or with damping of the return movement) or energydissipating<br />

shock absorbers<br />

CoNTiNueD oN PAge 16<br />

mar/<strong>08</strong>/apr<br />

15<br />

• Safety devices fitted to jacks of hydraulic power<br />

circuits used to prevent falls<br />

• Electric safety devices in the form of safety switches<br />

containing electronic components<br />

The current Machinery Directive lists just five safety<br />

devices in section B of Annex IV, and the new, more<br />

detailed list in the new directive accounts for the added<br />

focus of such safety devices and functions.<br />

essential health and Safety requirements<br />

There has been much discussion about the changes<br />

made to the directive’s health and safety requirements. In<br />

reality, these requirements are not drastic modifications<br />

but simple clarifications. The most significant alterations<br />

have been the following:<br />

• The discussion of risk assessment is now clearer to<br />

avoid ambiguity<br />

• Risk requirements were added for machinery<br />

serving fixed landings to take into account the newly<br />

expanded scope of construction site hoists and<br />

slow-moving lifts<br />

• Certain risk requirements for mobile machinery<br />

or machinery for lifting are now applicable to all<br />

machinery types<br />

• Noise and vibration emissions now have specific<br />

requirements<br />

• The integration of safety devices must now take into<br />

account any reasonably foreseeable misuse of such<br />

devices<br />

• The different life phases have been detailed and now<br />

include transport, assembly, dismantling, disabling<br />

and scrapping in addition to the normal use phase


<strong>market</strong> <strong>access</strong><br />

Machinery<br />

The EU’s New Machinery Directive And Its Impact On Certification (continued)<br />

The first item in Annex I (under General Principles) is now<br />

a statement about the necessity and the responsibility<br />

of a risk assessment. In the past, risk assessments were<br />

either documented in the machine’s final design stage or<br />

not at all. Therefore, the new requirement underscores<br />

the EU’s increased focus on the proper application of<br />

risk assessments.<br />

Risk assessments also play a vital role in determining<br />

which safety requirements apply to the machine. We<br />

assume that the EU Commission will implement stricter<br />

enforcement to ensure the correct application of risk<br />

assessments.<br />

Studies show that the misuse of safety devices (i.e.,<br />

unauthorized bypass for maintenance or service tasks)<br />

results in an increased number of accidents. The<br />

manufacturer must confirm that a deliberate bypass of<br />

safety functions can be avoided within reason. In the<br />

future, this requirement will probably need additional<br />

clarification from the EU Commission or from industry<br />

groups.<br />

conformity assessment procedures<br />

Currently, the manufacturer can certify most machinery<br />

for conformity and that requirement will remain the<br />

same. Annex IV in the new directive provides a list of<br />

CoNTiNueD oN PAge 17<br />

mar/<strong>08</strong>/apr<br />

16<br />

machinery categories that must comply with certain<br />

conformity assessment procedures. Fortunately,<br />

manufacturers of Annex IV machinery will now have<br />

many procedures from which to choose:<br />

• If the machinery is designed according to harmonized<br />

standards and fulfills the directive’s requirements,<br />

the manufacturer can certify the product;<br />

• For other Annex IV machinery, the manufacture can<br />

choose either a review by a Notified Body (NB) or<br />

have its quality assurance system approved by an<br />

NB.<br />

It is important to note that, under the new directive, EU<br />

member states constantly review NBs. If an NB does not<br />

pass muster, then the member state can withdraw or<br />

suspend the NB’s notification.<br />

The full quality assurance route for manufacturers<br />

of Annex IV equipment, as indicated in Annex X, adds<br />

certification options for manufacturers and will therefore<br />

decrease a product’s time to <strong>market</strong>.<br />

Market Surveillance<br />

In the new directive, EU member states have clearly<br />

defined responsibilities regarding <strong>market</strong> surveillance.<br />

These measures were inspired by the General Product<br />

Safety Directive (GPSD), which oversees consumer<br />

health and safety. The ruling uses a systematic approach<br />

of <strong>market</strong> surveillance to encourage collaboration among<br />

EU authorities and ensure a high level of consumer<br />

protection.<br />

The obligations include cooperation with <strong>market</strong><br />

surveillance authorities and require confidentiality and<br />

transparency. Such rules help manufacturers maintain


<strong>market</strong> <strong>access</strong><br />

Machinery<br />

The EU’s New Machinery Directive And Its Impact On Certification (continued)<br />

their competitiveness within the <strong>market</strong>, as well as keep<br />

EU member states neutral throughout the conformity<br />

assessment process.<br />

After consultation with the Machinery Committee, the<br />

European Commission can also adopt a decision to<br />

prohibit or restrict a category of machines from being<br />

placed on the <strong>market</strong> if it might present a risk.<br />

compliance efforts Should Start Today<br />

Conformity experts may wonder how this new directive<br />

will impact current compliance efforts. As a quick<br />

comparison, we can look at what occurred when<br />

changes were made to the EMC and Low Voltage<br />

Directives – two directives similar to the new Machinery<br />

Directive. When they were replaced, the updates<br />

occurred with minimal impact to the industry. It can<br />

therefore be presumed that updates to the Machinery<br />

Directive will not significantly disrupt compliance<br />

efforts. The only caveat is that manufacturers should<br />

take the time now to evaluate the directive’s impact on<br />

their equipment, and to prepare accordingly before the<br />

new directive becomes mandatory.<br />

mar/<strong>08</strong>/apr<br />

17<br />

However, for many companies, the question remains:<br />

When do I start designing my products to comply with the<br />

new Machinery Directive? The answer is now. Current<br />

harmonized standards may not fully comply with the new<br />

directive because of the changes to the essential health<br />

and safety requirements in Annex I. In addition, it cannot<br />

be assumed that EC type-examination certificates issued<br />

before December 29, 2009 will remain valid. In fact, these<br />

certificates will need to be updated to reference the new<br />

directive.<br />

Manufacturers are encouraged to start adapting their<br />

products to the new Machinery Directive right now.<br />

From a legal standpoint, only machinery in compliance<br />

will be allowed to be sold within the EU. All others will<br />

be effectively blocked from the <strong>market</strong>. From a practical<br />

point of view, it is more cost-effective for manufacturers<br />

to begin designing according to the new requirements<br />

today, instead of making adjustments to their products<br />

in two years.<br />

The same holds true for compliance professionals. It<br />

is a time-intensive and costly process to review, notify<br />

and/or CE mark products. The European Commission<br />

recommends that conformity experts begin reviewing<br />

certificates now to avoid a bottleneck in the months<br />

leading to the December 2009 deadline. Ultimately, it is<br />

a more effective use of resources to consider all of the<br />

new legislation today rather than repeat the process in<br />

two years.<br />

For more information, please call 1-TuV-rheinland<br />

(1-888-743-4652).


<strong>market</strong> <strong>access</strong><br />

Product Safety<br />

Rochester, N.Y. Office Receives NVLAP Accreditation<br />

FCC Approval Process Now Streamlined<br />

Authored by Traci Conroy, (Newtown, CT) Managing editor of Market Access<br />

TüVRheinland ® , the world leader in independent<br />

testing and certification services, received<br />

accreditation under the National Voluntary<br />

Laboratory Accreditation Program (NVLAP)<br />

for its electromagnetic compatibility (EMC),<br />

and telecommunications testing laboratory in<br />

Rochester, N.Y. The lab is the only commercial<br />

and independent test facility in the area to receive<br />

NVLAP accreditation.<br />

Administered by the National Institute of Standards<br />

and Technology, NVLAP confirms that a testing lab<br />

and its personnel have the technical qualifications<br />

and competency to perform specific EMC and<br />

telecommunications tests and/or calibrations.<br />

This accreditation allows TüVRheinland ® of<br />

North America to greatly accelerate the Federal<br />

Communications Commission’s (FCC) approval<br />

process in areas of EMC and telecommunications<br />

testing by having the ability to self-declare<br />

conformity to standards and bypass the FCC’s case<br />

review process. This can save our information<br />

technology equipment (ITE) and telecom clients<br />

Semi-anechoic Chamber<br />

CoNTiNueD oN PAge 19<br />

weeks or months of waiting. The accreditation<br />

conforms to all requirements of the ISO/IEC<br />

17025:2005 standard.<br />

The Federal Communications Commission (FCC)<br />

is an independent United States government<br />

agency, directly responsible to Congress. The FCC<br />

was established by the Communications Act of<br />

1934 and is credited with regulating interstate and<br />

international communications by radio, television,<br />

wire, satellite and cable.<br />

Currently TüVRheinland ® ’s North American division<br />

operates a total of 15 EMC testing laboratories and<br />

two EMC mobile lab units throughout the United<br />

States. Through this network of facilities, the<br />

company tests local clients’ products to assure<br />

compliance with various global requirements,<br />

including the FCC and the European EMC Directive<br />

2004/1<strong>08</strong>/EC.<br />

When requirements include heavy industrial<br />

equipment, one of TüVRheinland ® ’s convenient<br />

Semi-anechoic Chamber<br />

mar/<strong>08</strong>/apr<br />

18


<strong>market</strong> <strong>access</strong><br />

Product Safety<br />

Rochester, N.Y. Office Receives NVLAP Accreditation (continued)<br />

mobile labs with specialized equipment can test<br />

at the customer’s location -- outdoors, indoors, or<br />

right on the factory floor. From start to finish, on-site<br />

testing typically takes no more than three days.<br />

The Rochester, N.Y. office opened its doors in June<br />

of 2007, after signing an agreement with Rochesterbased<br />

Eastman Kodak Company to become its primary<br />

supplier of third-party testing and certification<br />

services. The facility is equipped with product safety<br />

and EMC test equipment, which has been upgraded<br />

to meet ever-evolving global standards.<br />

TüVRheinland ® ’s Rochester office provides EMC,<br />

product safety, industrial machinery and medical<br />

testing and certification services to product<br />

manufacturers throughout Northern and Western<br />

New York, the Ohio Valley and Pennsylvania. Other<br />

clients come from the information technology, audio/<br />

video, home appliance, wireless network, laboratory,<br />

mining, military, wireless, and telecommunications<br />

industries.<br />

For more information, please call 1-TuV-rheinland<br />

(1-888-743-4652).<br />

Ancillary Room<br />

mar/<strong>08</strong>/apr<br />

19


<strong>market</strong> <strong>access</strong><br />

News<br />

TUVdotCOM Launches A New Look And Feel On The Web<br />

Improved Performance And Aesthetics Make User Experiences More Valuable!<br />

Authored by Jessica Vitolo, (Newtown, CT) TuVdotCoM Program Manager<br />

On the surface, TUVdotCOM may resemble the<br />

average certification directory but take a closer look<br />

-- it is so much more than that! Beyond its capabilities<br />

as a robust compliance tool, TUVdotCOM is also a key<br />

<strong>market</strong>ing outlet that combines key product or service<br />

highlights with verifiable statements achieved through<br />

a certified evaluation process. With the launch of the<br />

new look and feel of www.TUVdotCOM.com finding<br />

information is now faster and more convenient.<br />

Early this year, the release of the enhanced online<br />

design and benefit features made navigating<br />

TUVdotCOM even easier. This exclusive<br />

TüVRheinland® web tool offers the public a view into<br />

the world of quality products, services, and systems<br />

24/7/365. Due to these exciting changes visitors to<br />

CoNTiNueD oN PAge 21<br />

mar/<strong>08</strong>/apr<br />

www.TUVdotCOM.com are encountering a more<br />

valuable experience.<br />

Valuable at its best<br />

The new TUVdotCOM look includes a revised main<br />

page with an easy to locate search box that will<br />

retrieve matching keyword results in seconds.<br />

(Keywords can consist of a TUVdotCOM ID,<br />

Certificate type, Certificate number, Manufacture<br />

name, Laboratory name, Test standard, Product or<br />

Service type or Certified professional). Once data<br />

is retrieved, TUVdotCOM posts the information into<br />

clear and distinct categories utilizing a colorful<br />

layout and bold hyper links. Now search results are<br />

not only accurate but visually appealing as well.<br />

20


<strong>market</strong> <strong>access</strong> mar/<strong>08</strong>/apr<br />

News<br />

TUVdotCOM Launches A New Look And Feel On The Web (continued)<br />

The Contact Us feature also boasts upgrades. From<br />

anywhere around the world, this feature not only<br />

connects online visitors to a local TUVdotCOM<br />

administrator, but the field also includes an amended<br />

online form that document specific issues about a<br />

TUVdotCOM experience, as well as process requests<br />

for TUVdotCOM IDs.<br />

TUVdotCOM IDs are ten digit numbers that further<br />

identify certified products, services, systems,<br />

people or organizations. When results are displayed<br />

on the current TUVdotCOM platform these IDs take<br />

center stage. Hyper links connect directly to the ID<br />

page location on the database where <strong>market</strong>ing<br />

test, compliance summary and much more can be<br />

21<br />

found. Web translations include over 12 languages<br />

and the upload capacity associated with each ID is<br />

virtually limitless.<br />

For a personal tour or live demonstration of<br />

TUVdotCOM, please call 1-TuV-rheinland<br />

(1-888-743-4652). Online, TUVdotCOM ID samples<br />

can be viewed by logging on to www.TUVdotCOM.<br />

com and entering 000000<strong>08</strong>88 into the search box<br />

on the main page.


<strong>market</strong> <strong>access</strong> mar/<strong>08</strong>/apr<br />

TÜVRheinland ® Resources<br />

Assisting Your Company With Testing, Certification,<br />

Compliance & More<br />

Tradeshows<br />

To view other tradeshows that TüVRheinland ® will be<br />

visiting, please visit http://www.us.tuv.com/news/tradeshows.aspx.<br />

retailVision Spring 20<strong>08</strong><br />

Grand Hyatt Hotel<br />

Orlando, FL<br />

April 14-17 | Booth #611<br />

del Mar electronics Show 20<strong>08</strong><br />

Del Mar Fairgrounds<br />

Del Mar, CA<br />

April 30-May 1 | Booth #212<br />

iaei-fl 20<strong>08</strong><br />

International Association of Electrical Inspectors<br />

Omni Hotel<br />

Jacksonville, FL<br />

May 7-10 | Booth #TBA<br />

railway Systems Suppliers inc. 20<strong>08</strong><br />

Gaylord Texan Resort & Convention Center<br />

Grapevine, TX<br />

May 21-22 | Booth #11<strong>08</strong><br />

Md&M east 20<strong>08</strong><br />

Medical Design & Manufacturing<br />

Jacob K. Javits Convention Center<br />

New York, NY<br />

June 3-5 | Booth #951<br />

nXT comm 20<strong>08</strong><br />

Las Vegas Convention Center<br />

Las Vegas, NV<br />

June 16-19, | Booth #SU6624<br />

SeMicon west 20<strong>08</strong><br />

North Hall, Moscone Center<br />

San Francisco, CA<br />

July 15-17 | Booth #6260<br />

ieee eMc 20<strong>08</strong><br />

Cobo Center<br />

Detroit, MI<br />

August 18-22 | Booth #TBA<br />

iMTS 20<strong>08</strong><br />

International Manufacturing Technology Show<br />

McCormick Place<br />

Chicago, IL<br />

September 8-13 | Booth #4795<br />

rapS 20<strong>08</strong><br />

Regulatory Affairs Professionals Society<br />

Hynes Convention Center<br />

Boston, MA<br />

September 14-17 | Booth #320<br />

international public Transportation expo 20<strong>08</strong><br />

San Diego Convention Center<br />

San Diego, CA<br />

October 6-8 | Booth #TBA<br />

iSa 20<strong>08</strong><br />

Reliant Center<br />

Houston, TX<br />

October 14-16 | Booth #2125<br />

22


<strong>market</strong> <strong>access</strong><br />

Traci conroy • Managing editor<br />

TüVRheinland ®<br />

12 Commerce Road, Newtown, CT 06470 USA<br />

Tel 203-426-<strong>08</strong>88<br />

Fax 203-426-4009<br />

Email tconroy@us.tuv.com<br />

www.us.tuv.com<br />

Market Access is published six times a year by TüVRheinland ®.<br />

Subscriptions are free. This newsletter is published for the<br />

convenience of our customers, clients and professional<br />

associates. Although it is intended to provide accurate and<br />

authoritative information with respect to the subject matter<br />

covered, the information and opinions contained in this<br />

publication are those of the authors and not of the editor or<br />

publisher. The authors, editor and publisher disclaim any liability<br />

for any inaccuracies contained herein. Before any action is<br />

taken based upon the published information, it is essential that<br />

competent and individual professional advice is obtained.<br />

TÜVRheinland®, inc. is an equal-opportunity/affirmative<br />

action employer.<br />

mission statement<br />

Employees and Leadership<br />

our employees are the most important success factor for the TÜVRheinland ®<br />

group. Their engagement, competence, neutrality and performance are key.<br />

Services and Products<br />

Demonstrable quality marks our services and products. This creates and<br />

secures competitive advantages.<br />

Technology and Safety<br />

We represent responsibly designed technology and set safety standard for<br />

the future.<br />

Customers and Markets<br />

Customers safeguard our existence. The customer must be convinced of the<br />

quality of our services in order for us to achieve success in the <strong>market</strong>place.<br />

Economic Success and a Secure Future<br />

Market-oriented thinking and efficient action secure the strength and<br />

independence of the TÜVRheinland ® group.<br />

Environment<br />

in our work, we demonstrate that environmental protection, technology and<br />

economics can be combined in a sustainable manner. This applies to both our<br />

services and our own product.<br />

The Public<br />

openness, competence, presence and neutrality as an independent third<br />

party determine our actions and shape our public image

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