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What
is a CE Marking?
The purpose of the CE Marking is to
facilitate the free movement of goods within the European
Union. The basis for this was a 'New Approach to
Technical Harmonisation and Standards,' as seen in the
EU's 'New Approach' Directives which set out 'essential
requirements', written in general terms, which must be
met before products may be supplied in the United Kingdom
or anywhere else in the Community. European standards
fill in the detail and are the main way for businesses to
meet the 'essential requirements'. The Directives also
say how manufacturers are to show that products meet the
'essential requirements.' Products meeting the
requirements are to carry CE Marking, which should mean
that they can be supplied anywhere in the EU.*
The "CE" marking is now
mandatory for a wide range of products sold in the 15
countries that make up the European Union (EU). North
American exporters could lose access to the EU market if
they do not meet these requirements.
The CE Marking identifies a product as
complying with the mandatory health and safety
requirements spelled out in EU laws, known as
"directives," which apply in all EU-member states.
Each directive has a distinct deadline date. After the deadline,
products covered by the directive no longer can be sold
on the EU market without the CE marking. The laws are being
enforced. Shipments of U.S. products not carrying the CE marking
have been held at EU-member state borders. Moreover, companies
that fail to CE marking products not only risk loss of sales
but also face criminal prosecution.
A manufacturer must review all
applicable directives, test products as specified in the
directives, then must affix the CE marking to the
product. There are about 30 directives, either adopted or
under consideration which require the CE marking. For
example, the Medical Devices Directive will be mandatory June
15, 1998 for all medical manufacturers exporting to the
EU. This directive will affect more than 45% of U.S.
medical exports consisting of over $3.5 billion annually.
Can I add other
safety marks to the product if I have the CE Marking?
Other marks may be applied to the product to indicate
safety standards have been complied as long as these
marks do not obscure or become confused with the CE
marking. Although the amending directive 93/68/EEC will
remove the need to have safety marks from certification
bodies as a way of showing legal compliance, it does not
preclude the continued use of these marks. Often it is a
customer or contractual requirement that such marks are
on the product and these cases where it is felt that a
commercial disadvantage may accrue from dropping the marks,
they will be retained. They do not signify the same
things as the CE marking.
Transition
Dates for EU 'New Approach' Directives
These dates show when a particular
Directive is effective and mandatory. When a Directive is
effective(in force), the manufacturer has the choice of
complying with the Directive or with the National
requirements of the country to which they are selling.
After a Directive becomes mandatory however, the manufacturer
must comply with the requirements of the Directive as
applicable to their product(s).
New Approach Directive |
Effective
Date |
Final
Deadline |
Toys |
|
January 1, 1990 |
Simple Pressure Vessels |
|
January 1, 1992 |
Telecom. Terminal Equip. |
|
November 6,
1992 |
Machinery |
|
December 31, 1994 |
Active Implantable Medical
Devices |
|
December 31, 1994 |
Satellite Earth Station
Equipment |
|
May 1, 1995 |
Electromagnetic (EMC) |
|
December 31, 1995 |
Gas Appliances |
|
December 31, 1995 |
Low Voltage |
January 1, 1995 |
January 1, 1997 |
CE Marking Directive |
July 1,
1994 |
January
1, 1997 |
Elevators |
January 1, 1995 |
December 31, 1997 |
Recreational Craft |
June 16, 1996 |
June 16, 1998 |
Medical Devices (MDD) |
January 1, 1995 |
June 15, 1998 |
Explosive Atmospheres |
March 1, 1996 |
June 30, 2003 |
Non-Auto. Weighing Instruments |
January 1, 1993 |
January 1, 2003 |
A few facts on
CE-marking
What
The CE-mark is a mark that should be affixed to certain
products in order to make it legal to sell them or to put
them into service in EEA. It is primary a mark that tells
the authorities that the product is manufactured to
conform to certain requirements. The number of products
that has to be marked is increasing constantly.
Why
The reason for the CE-marking is to achieve a technical harmonisation
which gives the product free movement on the market. This
free movement should not be restricted by different technical
standards or safety rules. A product with affixed CE-marking
is presumed to fulfil all relevant requirements in these
respects and must not be hindered from being placed on the
market. On the other hand, a product without CE-marking, which
should have had it, must not be placed on the market or put
into service.
Area
The CE-mark is required within EEA. This is an area made
up of Eu and Iceland, Norway and Liectenstein (Austria,
Belgium, Denmark, Finland, France, Germany, Great
Britain, Greece, Iceland, Ireland, Italy, Liechtenstein,
Luxembourg, the Netherlands, Norway, Portugal, Spain,
Sweden).
Laws
The laws concerning CE-marking are national. They are
founded on directives from Eu but are laid down
separately in the different countries. Most often they
are copies of the directives but small differences can
exist. The meaning of the text shall be the same in all
countries if nothing else is explicitly said in the directives.
Enforcement
The countries decide for themselves which authorities
shall oversee the implementation of the rules. This is
different in different countries, different laws are
enforced by different authorities. The notified bodies
knows what is appropriate in their country.
NB. It need not to be the Customs that enforces
the law. In some cases it is unlawful to use products
that is not CE-marked, i.e. the user is supposed to
control that the product is duly CE-marked.
Marketing of products
By following all appropriate laws for a product in a
country where all product-directives has been adopted,
the manufacturer can expect free movement in all of EEA.
NB. New directives might come, they must be
followed in order to keep the CE-mark.
Different directives
All directives for a product must be followed to affix a
CE-mark legally. An electric machinery will normally have
to comply with the directives for Machinery (89/392/EEC),
EMC (89/336/EEC) and LVD (73/23/EEC) at the same time.
Notified bodies
Certain procedures requires co-operation with a notified
body. They are private or public organisations that are
approved by the Member States to carry out certification
and other procedures. Most countries has several notified
bodies, while some has none. The notified bodies are not
limited to work within their country.
Harmonised standards
Most product directives are legal documents with loosely defined
'essential requirements' that are supplemented by 'harmonised
standards'. These standards are harmonised to be used in
all EEA countries and shall be used at design and construction
of products. A product designed and constructed according
to such standards is presumed to fulfil the requirements
for CE-marking.
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