08-09-03, 01:18 PM
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Join Date: Mar 2002 Location: West Sussex
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The original post is at http://www.bsacforum.co.uk/forums/de...osts/1098.html Quote: | Originally Posted by [b Quote[/b] ]The legal advice I have been given is that the offence under EN14143 is "selling" a rebreather in a EC state that is not CE marked and/or not conforming to it's CE mark specification. The offence does not only apply to dealers. Anyone who sells such a rebreather is breaking the law, dealer or private individual.
Consequently, were I to sell my rebreather I would need to remove all modified bits that were not covered by the manufacturers CE mark to be legal.
Another sting in the tail is that where an importer is not identifiable (such as in the case of the KISS perhaps) then the person who takes delivery of the 1st unit after EN14143 becomes law, will be deemed to be the importer for all units imported into the EC. The importer will share with the manufacturer the liability and if the manufacturer cannot be prosecuted because he is outside the jurisdiction of EC then the importer will carry the liability. Of course, this would need to be confirmed by a sucessful case but that is the legal opinion I have heard.
I understand that EN14143 is now in force and all EC member states have 6 months in which to incorporate it into national legislation. | Nanny state, anyone..?
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