PSSA
Legal Obligations
ISSUE 15
May 2017
|
NEWS
THE MYSTEROIUS ISSUES
SURROUNDING CE MARKING
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
More recently Europe has witnessed an
increasing number of products incorrectly
marked with the CE Mark which have come
onto the market from foreign countries. There
are reasons for this which can be summarized
as:
There has been a lot of confusion around
the CE Mark itself with similar marks from
China often confusing consumers and being
mistaken for the genuine CE Mark.
It appears 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.
In its self, the CE Mark does not represent
a product having undergone safety testing
but more 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?
The CE Marking Directive requires
manufacturers to be responsible for
undertaking a full risk analysis, complying
with essential requirements and ensuring
that they can provide evidence of having
carried out their responsibilities. If a
harmonised 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.
How do you achieve Compliance?
Market surveillance authorities across the
EU are addressing this area with more active
policing of CE Marking. This will lead to a more
robust 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. So, to ensure
you are compliant take time to carry out a
health check looking at some of the following
important areas:
Ensure you have your product Technical
Files fully up to date with the correct
published standards, regulations and codes of
practice identified in standards Register.
Your Declarations of Conformity/
Incorporation are fully correct with the
appropriate Standards listed and the correct
published dates identified
Your sub- contractors/supply chain have
met their responsibilities under the EU
Directives particularly when it comes to
supplying YOU with their Certificates of
Conformity
Any testing conducted either in house or via
a 3
rd
party is valid, and with the appropriate
test certificates/test reports and conducted
to the appropriate National/European/
International Standards.
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