Another marking that often appears on various products is the CE marking. Learn about the legal meaning of the symbol, the legal consequences of affixing it to certain types of products, and about the procedures necessary to obtain the right to use it. You will also learn how not to be fooled by manufacturers looking to make their mark look like the CE symbol.

WHAT IS THE CE MARKING?

The CE marking is an abbreviation of the French term Conformité Européenne, which can be translated as "European conformity", and, when affixed to a product, constitutes a declaration by the manufacturer (or by an authorised party) that the product complies with all the requirements applicable to it under the European Union's New Approach Directives or EU Regulations governing the conformity assessment process. The graphic representation of the marking on products looks as follows:



THE ROLE OF THE CE MARKING

The CE marking affixed to specific types of products serves various purposes:

  • being a necessary condition for the legality of introducing certain products within the EEA as products presenting a higher safety, health or environmental risks - this also means that it is punishable to affix the CE marking to products that do not meet the specified requirements,
  • protecting consumers and guaranteeing that the purchased product complies with EU safety requirements, and that the manufacturer bears full responsibility for the veracity of this declaration,
  • facilitating the movement of goods within the EEA - a product with the marking affixed to it must be authorised for trading in member states, unless it does not meet the requirements set out in other applicable laws of those member states.

TYPES OF PRODUCTS REQUIRED TO HAVE THE CE MARKING

Among the products required to have the CE marking affixed to them are:

  • products covered by the Construction Product Regulation, machinery, lifts;
  • low-voltage equipment, electronic equipment, RoHS II, RoHS III;
  • measuring instruments, non-automatic weighing instruments;
  • pressure equipment, simple pressure vessels;
  • personal protective equipment;
  • medical devices, active implantable medical devices, in vitro devices;
  • Ecodesign, outdoor noise-emiting products, fertilisers;
  • fireworks, explosives for civil uses;
  • toys intended for children under 14 years old.

The CE symbol requirements for each product group are included in various EU legal bases (e.g. Regulation No 305/2011 laying down harmonised conditions for the marketing of construction products, Regulation No 2017/746 on in vitro diagnostic medical devices, Directive No 2009/48/EC on the safety of toys, etc.) collectively referred to as the New Approach Directives [ Full list of directives available at: https://www.cemark.pl/dyrektywy/].

WHERE TO AFFIX THE MARKING ON THE PRODUCT - EXAMPLES

The CE marking should be placed on every copy of the product, anywhere (for example on the lid, the label, the tag), as long as:

  • it remains visible throughout the product's lifetime,
  • is not placed on top of (or covered by) other markings,
  • it is impossible to deliberately or accidentally remove it.

CE MARKING COMPARED TO A TRADEMARK AND QUALITY GUARANTEE

Important! CE marking is not a trademark that has the function of distinguishing one trader's goods from another's. The CE marking certifies that the product in question meets EU requirements. It is used in identical form by many traders, and if the marking is affixed to a product, it will appear on it independently of a trademark. The CE marking is also not a declaration of quality of the good in question per se, but rather a declaration of its safety for use, health or the environment, in accordance with New Approach Directives and regulations.

UNIFORMITY OF THE CE MARKING DESIGN

Important! The CE marking always retains the same form and proportions, regardless of its size on the product, as well as the same font, length and thickness of the letters and the space between the written letters "C" and "E".

THE CE MARKING COMPARED TO THE CHINA EXPORT MARKING

The procedure for obtaining product marking rights is demanding, hence many products with markings similar to the original CE marking can be found on the European market, of which the most popular is the "China Export” marking. Products with markings other than “Conformité Européenne“ do not meet the EU requirements and may mislead the buyers as to the characteristics of the products (and their conformity with the EU regulations).


PROCEDURE FOR OBTAINING THE RIGHT TO USE THE CE MARKING - GENERAL INFORMATION

For certain types of products to be introduced in the EEA legally, it is necessary to obtain the authorisation to use the CE marking. This authorisation is obtained once after signing the declaration of conformity and, in principle, is not required to be renewed.

In most cases, the manufacturer or a person authorised by the manufacturer and the notifying body carrying out the conformity assessment will participate in the procedure. Only in a very small number of cases does the manufacturer carry out a conformity analysis without the involvement of the aforementioned body.

In each case, separate provisions will define the procedure for the different types of products. Therefore, provisions of one directive will apply to fertilisers and the provisions of another one to toys, on the grounds that the risks that these products pose to the safety of users are different. The various conformity assessment procedures are classified in the directives by modules A to H. As a general rule, the risk level of a product is determined by the module, and the further the letter specifying the module is in the alphabet, the higher the risk that the product presents, therefore requiring more extensive control by the notifying body.

OBTAINING THE CE MARKING STEP BY STEP

1. Selecting the appropriate New Approach Directive for the product that the marking is to be affixed to.

2. Adapting the product conformity assessment procedure module to the product in question and carrying it out with the participation of the manufacturer and, in certain cases, the notifying body.

3. Complying with specific requirements other than those included in the New Approach Directives, where such a restriction is applicable for a given type of product.

4. Drawing up a risk analysis of the product in question and its technical documentation, and updating these documents each time there is a change to the regulations relating to the product in question or whenever necessary.

5. If the requirements of a product-specific directive are not met — improving the safety of the product to be in line with the applicable standards.

6. Drawing up and signing a declaration of conformity by the manufacturer or its authorised representative.