According to certification specialist SGS, the phrase that manufacturers and importers should avoid, as part of a disclosure, is 'to the best of my knowledge'. It says this seemingly innocent statement is often used to cover up a lack of objective evidence or, in the worst case, is an attempt to cover up a known lack of compliance or the fact that a component or material contains a non conforming chemical.
SGS says the responsibility for compliance rests clearly with the brand owner and points out that if you accept 'to the best of my knowledge' or other such 'wiggle words' in a declaration, your company could be the subject of an EU RoHS Enforcement investigation, fines, recall of products, removal of CE Mark and significant damage to your brand image.
Its advice? Do not accept any declarations that contain this phrase or other such disclaimers. If a supplier is unable – or unwilling – to provide evidence of the substances contained in its supplied material, component or subassembly or proof that restricted substances are not present in its supplied items without the use of this phrase, how can it declare compliance?
The simple answer, says SGS, is that it can't and adds that, if you accept its declaration as proof of compliance as you build your product's Technical Documentation File, you will not be able to support the claim of compliance for your product.
Author
Graham Pitcher
Source: www.newelectronics.co.uk