Test certificates issued in Asia are the basis of many releases in the cycle industry. The test protocols are, however, a two-edged sword, in particular with regard to the process relating to the conformity of pedelecs. The legislator draws a clear line with regard to the acceptance of test results. This line is the economic area of the European Union. Every person importing components from a foreign country into the EU is considered manufacturer of these products. If you as bicycle manufacturer assemble bicycles, you will additionally be considered manufacturer of individual components, if you import these components into the EU. This means, you are not only considered manufacturer of the frame, but also manufacturer of suspension forks, rear derailleurs, handlebars and so on. In strict legal terms the actual logo of the manufacturer, e.g. on a crank, is obsolete. You assume full and sole responsibility.
You do not believe this? The Higher Regional Court Oldenburg, Germany, sentenced a bicycle manufacturer due to missing tests: The manufacturer mounted defective pedals. The court reproached that the bicycle manufacturer had refrained from conducting random sample tests of the purchased products.
A similar judgement was made by the Higher Regional Court Dresden, Germany. A bicycle manufacturer had complained about defective back-pedal brakes. This bicycle manufacturer was also held against that he had not conducted random sample tests.
As a result, any attempt to prove the durability of products by means of test results issued outside Europe can be rejected easily by every court. For this reason you as manufacturer should purchase products either from importers located within the EU and with substantial test protocols. Or you have to test on your own or have the tests conducted within the EU.
