Incorrect CE Marking and manufacturer responsibility

By Engaged Expert
Steve Hayes
CE Marking is mandatory for a wide variety of products including all electrical / electronic devices, allowing manufacturers to import and export their products freely within the European Union, with common product design and manufacturing requirements defined within EU Directives.
By placing the mandatory conformity mark on a product, manufacturers (or if outside of the EU, the importer or authorised representative) are providing a clear indication that it meets all the relevant requirements and should therefore enjoy free movement between all 28 Member states.
Problems with the CE Mark
In recent years, however, Europe has seen an increasing number of goods incorrectly marked with the CE Mark flooding the market from foreign countries. The reasons for this have been three-fold:
- Firstly, there has been much confusion around the CE Mark itself with similar marks from China often confusing consumers and being mistaken for the genuine CE Mark.
- Secondly, the CE Mark has been illegitimately placed on products which do not require the Mark, giving consumers the false impression that the product is one of quality.
- Thirdly, the CE Mark does not represent a product having undergone safety testing but rather a self-declaration mark from the manufacturer to allow the product’s free movement across Europe. The CE Mark’s aim is to provide a clear indication that a product meets the requirements of relevant CE marking directives and therefore should not be stopped at Member State borders.
Who is responsible?
Under CE Marking, manufacturers are responsible for undertaking a full risk analysis, complying with essential requirements and ensuring that they can provide evidence of having done so. If a harmonized standard applies to the product, the manufacturers have a duty to apply it. An additional duty the manufacturer will also now have is to determine if the standard is fully adequate for the product and its environment, or if the product requires further safety testing before being placed on the open market.
Whilst the vast majority of EU manufacturers are very thorough in ensuring they invest in meeting these standards, there has been criticism that manufacturers from a small number of EU member states have not been so rigorous. This has allowed cheaper, potentially unsafe products to enter the market.
Achieving CE compliance
Reassuringly, market surveillance authorities across the EU are addressing this issue with more active policing of CE Marking. This will ensure a more level playing field for manufacturers across the whole of the EU and will make sure that the CE Mark retains its status as a mark in which trust can be placed.
Achieving CE compliance can be a complex process due to the requirements of individual directives, particularly when combinations of directives apply simultaneously. As a Notified Body for the key EU product safety and communications directives, Element is able to provide expert help and guidance to support products through the relevant testing process.
For advice on CE Marking a device, please contact us or call UK +44 808 234 1667 or US +1 888 786 7555.
View more articles about More Sectors
Find related articles to you through the Nucleus
making certain for nearly 190 years
More from Element

CE Marking and Testing
CE marking is a mandatory conformity mark enabling you to enjoy free movement between all 28 Member states.
Read more

Advisory Services
Our team of Engaged Experts can help you understand the various regulatory requirements and reduce the test burden by comparing the various standards and producing compliance strategies that fulfill the brief of ‘test once, approve to many’.
Read more

Product Compliance
Element provides one of the widest range of test and support services in the world aimed at getting your product to market and complying with the V&V requirements.
Read more

Certification Services
Element has a dedicated team providing ISO 17065 accredited Certification Services from our offices across the globe.
Read more
