A manufacturer outside of EEA may choose the SEP of one of the Member States.
SEP from countries outside EEA does not automatically fulfil the requirement of Article 4, paragraph 3.
However, as a general rule, it can be assumed that the SEP of a Member State is met if:
- the product has been legally marketed in one Member State of EEA for many years, or
- the product fulfils technical specifications recognised by one Member State of EEA.
Refer also to PED Guideline I-01 and Guideline I-09.
Reason:
Article 4 paragraph 3 of PED stipulates mutual recognition of SEP of Member States in order to avoid barriers of trade. The level of safety is assumed to be sufficient in all Member States. So the equipment must in fact be safe.