CE certification?

[gantz]

Does the eDRUMin device have a CE conformity declaration? Asking because customs in EU countries have a tendency to confiscate and destroy imported electronical devices that don't have at least the CE marking on them.

[Rob]

It doesn't, but I suppose it could. AFAIK CE markings are only required for goods sold in the EU. I'd be interested in reading anything says the contrary.,In the past 8 years that I have been doing business, not once have I had an issue with CE marking.

[gantz]

Well, I'm in the EU, that's why I'm asking. If the device is imported into the EU via an online order placed with a business outside the EU, and if the device category requires CE marking - which does apply here because the item falls under the category "electronic equipment"- and if the device doesn't have a CE marking, then there's a very high probability that customs would withhold and eventually destroy the item.

Of course it depends which EU member country the ordering person is from, with the probability being lower in countries like, say, Poland, and much higher in countries like France and Germany.

Further reading:

https://www.chinaimportal.com/blog/ce-m ... ete-guide/

Previously, enforcement only targeted EU-based importers. That said, things are changing as the EU is flooded by non-compliant and unsafe products originating from cross border eCommerce companies.

As a countermeasure, the EU has now implemented legislation forcing third party economic operators in the supply chain, such as freight forwarders and fulfillment centers, to check whether an importer or exporter has the relevant CE documents.

As a result, CE compliance is therefore critical for both EU-based companies importing goods, and exporters selling to the EU – either as traditional B2B exporters or B2C cross-border eCommerce sellers. (...)

Essentially all electronic products are covered by one or more CE directives.

[Rob]

Your source is questionable. If you find something more official, please link it.

[gantz]

Uhm ok. How about this?

https://ec.europa.eu/growth/single-mark ... cturers_en

Doesn't get more official. Same content.

Manufacturers play a crucial role in ensuring that products placed on the extended single market of the European Economic Area (EEA) are safe. They are responsible for checking that their products meet EU safety, health, and environmental protection requirements. It is the manufacturer’s responsibility to carry out the conformity assessment, set up the technical file, issue the EU declaration of conformity, and affix the CE marking to a product. Only then can this product be traded on the EEA market. (...)

The EMC Directive 2014/30/EU applies to a vast range of equipment encompassing electrical and electronic appliances, systems and installations.

https://eur-lex.europa.eu/legal-content ... 32014L0035

(4)

This Directive covers electrical equipment designed for use within certain voltage limits which is new to the Union market when it is placed on the market; that is to say it is either new electrical equipment made by a manufacturer established in the Union or electrical equipment, whether new or second-hand, imported from a third country.

(5)

This Directive should apply to all forms of supply, including distance selling.

While we're at it, does the eDRUMin have a FCC marking? Or an FCC Declaration of Conformity?

[Pim]

Hi,

I ordered 2 already (coincidentally the second one arrived today) and all I had to do is pay custom fees. I'm from Germany, no issues with any of them so far. DHL will deal with the custom process, all *you* have to do is pay additional 6 EUR for DHL for the service...the custom fees themselves are around 25 EUR.

Best regards,
Pim

[gantz]

If you're from Germany you're probably familiar with cases like these:

https://www.owlaw.de/zollrecht-beratung ... esthalten/

Just because the customs officers in your case didn't raise an issue with an electronic device originating from Asia not having a CE marking doesn't mean it's not a problem.

Official statement from the German federal government regarding imports lacking CE markings:

https://www.bundesnetzagentur.de/cln_14 ... ukten.html

Same thing with FCC markings:

https://www.fcc.gov/engineering-technol ... horization

Radio Frequency (RF) devices are required to be properly authorized under 47 CFR part 2 prior to being marketed or imported into the United States.

https://www.fcc.gov/oet/ea/rfdevice

The FCC regulates radio frequency (RF) devices contained in electronic-electrical products that are capable of emitting radio frequency energy by radiation, conduction, or other means. These products have the potential to cause interference to radio services operating in the radio frequency range of 9 kHz to 3000 GHz.

Almost all electronic-electrical products (devices) are capable of emitting radio frequency energy. Most, but not all, of these products must be tested to demonstrate compliance to the FCC rules for each type of electrical function that is contained in the product.

I refer you to the case of Behringer - yes, that Behringer - skipping on the FCC markings:

https://www.fcc.gov/document/fcc-propos ... -marketing

The FCC proposed a $1 million forfeiture against Behringer USA, Inc. for apparent violation of the FCC's equipment authorization rules

More background:

https://en.wikipedia.org/wiki/Behringer#FCC_dispute

In February 2006, the US Federal Communications Commission (FCC) fined Behringer $1M, issuing a Notice of Apparent Liability against Behringer, claiming that 50 of the company's products had not been tested for conducted and radiated emissions limits as required by US law, and noting that Behringer continued to sell the products for a year after being notified. Behringer had believed that since the units had passed stringent European CE standards, they would also comply with FCC verification requirements. According to Behringer, it had overlooked the differences in testing standards and procedures under FCC and European requirements and has since implemented a complete UL certified safety and EMC testing laboratory under the UL certified witness program, including an in-house audit and global regulatory review system.

Short version:

If the eDRUMin does not have a CE marking and no CE Declaration of Conformity, it must not be sold to EU customers.
If the eDRUMin does not have an FCC marking and no FCC Declaration of Conformity, it must not be sold to US customers (and, actually, to even more countries that follow the FCC regime).

[Mylo]

I’m in the US. I’ve ordered and received two already with two more on the way. I also ordered two MegaDrums last year, Jobeky cymbals and triggers as well and none of these are marked FCC or CE. I haven’t had a single problem getting these shipped to my house. Now dmitri and the folks at Jobeky may have the paperwork on file but their products aren’t marked.

I’m not denying or challenging what you are saying in anyway... just telling what my experience has been.

[Pim]

Hi again,

Cool, I learned something new today, thank you.

From what I deducted from your first source, customs especially seem to check products that are connected to "safety" in a broad sense. Which might explain why there haven't been a problem with customs yet...they just didn't bother.

Audiofront would need to hand in the documents in case customs ever want to see them.
The case of Behringer is kind of shocking. One would think that such a big company would know better.

One might argue that with a one-man-company we could stick to the old saying "wo kein Kläger, da kein Richter" (roughly: no plaintiff, no judge).
But you are technically correct, of course (according to Futurama the best kind of correct).

In the long run, if Audiofront were ever to become as big as Behringer (which I root for), Audiofront would need to provide the necessary documents anyway to avoid being fined.

Again, thanks for the new insights.

Best regards,
Pim

[gantz]

Mylo, it depends if and how the device is powered. I take it that you were talking about passive Jobeky cymbals and triggers, i.e. the devices are not directly connected to a power source but only send audio signals over TRS cables.

Take a look a this cymbal from Roland:



No FCC/CE markings because it's not actively powered.

Take a look at this cymbal from Roland:



Clearly visible FCC and CE markings because it's an electronic device powered over USB, drawing 90mA current over USB.

That's why one does not require certification and the other does. And the eDRUMin, being powered over USB or an external power adapter, certainly requires FCC/CE registration if Mr Jonkman wants to ship it to the US or the EU.