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Draft SafeGuards CE marking “Conformité Européenne“ or “Chinese Export“
Misuse of CE-marking is a concern for the EU commission. A well know misconception for the CE to mean “Chinese Export” is unliked. New rules should strengthen the position of CE-marking and provide market surveillance more means to take action against the misuse of the CE-mark.
Make sure you apply the CE-marking correctly and the CE-marking is exactly of the correct shape and size.
CE-marking is compulsory for products under the scope of one of the European so-called New Approach Directives.
Quite a number of the Directives require CE-marking. Some well-known Directives are:
• Toy Directive (88/378/EEC): any product clearly intended for use in play by children of less than 14 years of age
• Low Voltage Directive (73/23/EEC, 2006/95/EC): any equipment designed for use with a voltage rating of between 50 and 1000V for alternating current and between 75 and 1500V for direct current
Attention: a product may be covered simultaneously under several Directives.
Please also note that products not under the scope of one of the New Approach Directives may not bear the CE-marking.
The CE stands for Conformité Européenne (French for conformity with European requirements). It indicates that the person responsible for affixing the CE-marking declares that the product fulfils all the requirements applicable to the product.
The size and shape of the CE-mark is specified in directive 93/68/EEC
The CE conformity marking shall consist of the initials "CE " in the following form:
If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm
Misuse of CE marking
Misuse of the CE-marking could be either:
• Affixing the CE-marking to non compliant products
• Affixing the wrong shape and size CE-marking. Often seen mistakes to the shape and size of CE-marking:
o Wrong fonts (not using the circle shaped letters)
o Wrong height (smaller than 5 mm)
o Wrong distance (less than indicated by the two circles)
Please note that the national European market surveillance authorities check for correct appliance of the CE-marking and can withdraw non-compliant products form the market.
EU Commission aims to strengthen CE-marking position
In a recent published Regulation (EC) 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and Decision 768/2008/EC on a common framework for the marketing of products the EU aims to strengthen the CE-marking position.
• The new regulation provides for the legal basis for Member States to impose sanctions in the case of misuse.
• The EU Commission intends to register CE marking as a Community collective trade mark. This will give national European market surveillance authorities additional means to take legal action against non-compliant products and misuse of CE-marking. In addition, economic operators/competitors will be able to start infringement procedures and claim for compensation.
See also SafeGuards “EU strengthens general rules for New Approach” (05908) |
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