Products bearing the CE mark are bought on a daily basis by consumers across Europe. However, no-one thinks twice as to what is the actual significance of buying a product bearing such a mark.

The European Commission thinks it is high time to embark on an information campaign to promote a better understanding of the meaning behind such a mark and the purpose of its use. CE marking is in fact a key indicator of a product's compliance with EU legislation and enables the product to be marketed and sold throughout the EU.

It does not indicate that a product was made in the EU. By affixing the CE marking on a product, a manufacturer is declaring, on his sole responsibility, conformity with all relevant legal requirements, in particular those which ensure health, safety, and environmental protection. Not all products sold in the EU need to bear CE marking. The CE marking is required for specific product categories ranging from toys to electrical products, machinery, personal protective equipment and lifts.

Obtaining a CE mark is no easy ride. There are a number of steps that a manufacturer must follow in order to be able to affix such a mark on his products. Primarily, the relevant EU laws and harmonised standards applicable to the product must be identified. It is up to the manufacturer to ensure that his product complies with the essential requirements of the relevant EU legislation. The manufacturer must also identify whether an independent conformity assessment is required from a notified body. Each law covering a particular product specifies whether an authorised third party, termed as a notified body, must be involved in the conformity assessment procedure necessary for CE marking.

The manufacturer must then proceed to test the product and check its conformity with the law. He also has to establish the relevant technical documentation required by law. Such documentation must be presented on request to the competent national authorities, together with the EC declaration of conformity. The CE mark must then be affixed by the manufacturer, according to its legal format, visibly, legibly and indelibly to the product or its data plate. If a notified body was involved in the production control phase, its identification number must also be displayed.

In the case of products manufactured in the EU, it is the manufacturer's responsibility to carry out the above procedures. Distributors must verify the presence of both the CE marking and the necessary supporting documentation. On the other hand, for products imported from a third country such as China or the US, the importer has to verify that the manufacturer outside the EU has undertaken the necessary steps and that the documentation is available upon request.

Though there is no denying that the attainment of a CE mark is a rigorous and laborious exercise, both consumers and industry at large stand to benefit from such a marking. CE marking provides enterprise with access to the entire EU market without the necessity of having to acquire 27 individual approvals from different national authorities. This signifies a reduction in cost and in the burden of conformity while maintaining high standards. The CE mark also serves as a guarantee for consumers that the product which they are purchasing has been manufactured in line with all the relevant health and safety legal requirements.

Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.

mariosa@vellacardona.com

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