EU legislation: FAQ on CE marking If you want to export to the EU, you have to take into account that the EU set requirements regarding CE marking for specific products. This document provides general information on CE marking to understand the most important issues you have to know and consider to be able to affix CE marking on your product. Once you have read this document, you can find specific information on your product and the steps you have to follow to comply with CE requirements in the related documents available in the CBI database (also mentioned at the end of this document). Frequently Asked Questions on CE marking What is CE marking? What is the purpose of CE marking? Do all products require CE marking? How to know if my product requires CE marking? If my product requires CE marking, is only one EU Directive applicable? Where can I find the requirements? CE- marking is often associated to EU standards, do I have to comply with EU standards to demonstrate compliance with EU legislation? Are standards available for all products requiring CE-marking? What is a Notified Body? Do I always need a Notified Body? How do I know which Notified Body I have to contact? What is a Conformity Assessment Procedure? The Directive mentions a Technical Documentation, what does this mean? How long do I need to keep the Technical Documentation? What is an EC Declaration of Conformity and why do I need it? What does the EC Declaration of Conformity look like? What is an authorised representative? How to affix CE marking? Do I have to affix the CE marking? Once I have affixed the CE marking in my product, can I export my product? What is CE marking? CE marking, an acronym for the French "Conformité Européenne", is since 1993 a key indicator of a product’s compliance with EU legislation regarding safety, health and environmental protection. The CE logo ensures the free movement for products within the European Economic Area (EEA)1. The New Approach Directives are the legal basis of CE marking and aim to harmonise requirements and remove barriers for free circulation of products in the European Union. What is the purpose of CE marking? CE marking does not indicate that a product was made in the EU. It states that the product is assessed before being placed on the market and thus satisfies the legal requirements to be sold in the EU. It means also that the manufacturer has verified that the product complies with all relevant essential requirements of applicable Directives. 1 The EEA consists of the 27 EU Member States and EFTA countries Iceland, Norway, Liechtenstein. Source: CBI Market Information Database • URL: http://www.cbi.eu • Contact: marketaccess@cbi.eu • www.cbi.eu/disclaimer EU legislation: FAQ on CE marking Do all products require CE marking? Not all products are required to be CE marked, only the products that fall within the scope of at least one of the Directives in Table 1.There are Directives for 24 product groups. How to know if my product requires CE marking? Each New Approach Directive specifies the product groups covered by the Directive. Usually in the first articles, you can find the definition of the specific products covers by the Directive. If my product requires CE marking, is only one EU Directive applicable? A product may be subject to more than one Directive which determines the specific requirements that your product must meet in order to be CE marked. CE marking requirements vary from Directive to Directive and thus for each product can be different. In case more than one Directive is applicable, your product has to comply with the requirements of all Directives. Where can I find the requirements? The Directive specifies in detail the essential requirements the product must meet in order to affix the CE marking. Normally the essential requirements are available in the Annexes of the Directive. CE marking is often associated to EU standards, do I have to comply with EU standards to demonstrate compliance with EU legislation? Although complying with the standards is not obligatory according to the EU legislation, it is a common practice that importers and buyers require certification as a way to confirm compliance. Although costs are associated to get and implement the standards, they improve the safety and quality of your product and in some cases a market requirement of your potential EU buyers. Are standards available for all products requiring CE marking? It is possible that you cannot find applicable EU standards for your product. Maybe it is because you have a rather new or innovative product and standards have not been developed yet. In that case, you still have to comply with the legal requirements stated in the applicable Directive(s). What is a Notified Body? Notified Bodies are laboratories or organisations, authorised by the EU to serve as independent testing bodies and perform conformity assessments. Notified Bodies are located in Europe. However, some Notified Bodies have subsidiaries outside the EU that perform tests and submit results back to Europe for final approval. Do I always need a Notified Body? No. There is a common misunderstanding that your product always has to be inspected and approved by some kind of authority. Only for some products third party certification done by Notified Bodies is required. The applicable Directive states whether a Notified Body is required. Often notified bodies are required whenever products represent significant risks to consumers. In other cases, self-assessment is possible. Source: CBI Market Information Database • URL: http://www.cbi.eu • Contact: marketaccess@cbi.eu • www.cbi.eu/disclaimer EU Standards EU standards are being drafted by three European Standards Organisations: CEN, CENELEC and ETSI. Besides, all EU Member States have their own national standardisation bodies which adopt European standards. You can buy the standards from these national bodies. Look for more information on the websites of CEN, CENELEC and/or ETSI. EU legislation: FAQ on CE marking How do I know which Notified Body I have to contact? You may choose a Notified Body in any Member State of the EU. If you know the country you want to export to, you should prefer to contact a Notified Body in that country. In the NANDO (New Approach Notified and Designated Organisations) database you can find a list of Notified Bodies. What is a Conformity Assessment Procedure? Many products can be assessed by the manufacturer itself. In that case it is your responsibility to test the product and checking its conformity to the EU legislation. You must go through a series of checks to assess and ensure that your products conform to the relevant EU Directive(s). This is called the Conformity Assessment Procedure. One important part of the procedure is a risk assessment. In the Directive applicable to your product you can find specific information about carrying out the Conformity Assessment. The Directive mentions a Technical Documentation, what does this mean? You, or your authorised representative in the Europe Union, have to establish the technical documentation (sometimes referred to as the technical file) required by the Directive(s). The documentation includes details of the design, development and manufacture of the product. Technical Documentation can be made available in any format (i.e. paper or electronic) and varies by each Directive. How long do I need to keep the Technical Documentation? You need to keep the technical documentation for a period of at least 10 years after the last product is placed on the market. The exact number of years is stated in the Directive. What is an EC Declaration of Conformity and why do I need it? Before affixing the CE marking, you need to draw up an EC Declaration of Conformity. The Declaration of Conformity is a document in which you as the manufacturer indicate that the product meets all the necessary requirements of the EU Directive(s) applicable to the specific product. What does the EC Declaration of Conformity look like? Each Directive has slightly different requirements for the content of its Declaration of Conformity. But some features are common to all, such as: Name and address of the producer Essential characteristics of the product, such as the brand and serial number The identification number of the Notified Body (if applicable). Whether a Notified Body has been involved or not, you as the manufacturer must draw up and sign the EC Declaration of Conformity. Some Directives contain a standard declaration in the annexes. In case there is none, you can search on internet for examples. What is an authorised representative? An authorised representative is any natural or legal person established within the EU who has received a written mandate from a manufacturer to act on his behalf in relation to specific tasks. This can be an importer or distributor. Source: CBI Market Information Database • URL: http://www.cbi.eu • Contact: marketaccess@cbi.eu • www.cbi.eu/disclaimer EU legislation: FAQ on CE marking How to affix CE marking? Once the necessary steps have been successfully completed, you must affix the logo to the product as described in the relevant Directive. The CE marking must be affixed to the product according to its legal format. It must be visible, legible and indelible. When this is not possible, it must be affixed to the packaging and to the accompanying documents. If a Notified Body was involved in the assessment, its identification number also must be displayed. Do I have to affix the CE marking? You as the manufacturer have to affix the CE marking. If your authorised representative in the EU put your products under his/her own name, then she/he takes over your responsibilities. In this case he/she must have sufficient information on the design and production of the product, as he/she will be assuming the legal responsibility when affixing the CE marking. Once I have affixed the CE marking in my product, can I export my product? After affixing the CE marking, you may export your product to the EU. However, you have to make sure that the conformity is maintained. EU legislation and standards can change and CE marked products are subject to inspection by EU authorities. In order to keep complying with the legislation, you may need to make changes to your product. If this happens you need to add these changes in the technical documentation and inform the Notified Body, if applicable. Together with the EC Declaration of Conformity, the technical documentation must be presented on request to the appropriate national authorities of the EU. EU New Legislative Framework The New Legislative Framework is the modernisation of several of the EU New Approach Directives and was adopted in 2008. This broad package of measures is established to: 1) Remove the remaining obstacles to the free circulation of products. 2) Improve market surveillance rules. 3) Better protect both consumers and professionals from unsafe products. 4) Clarify the meaning of CE marking and enhance its credibility. At this moment the European Commission is in the process of revising the current Directives. Please keep informed about the New Legislative Framework to assess whether this revision may have implication for your business. More information can be found on the website of the European Commission. Non-compliance When a product does not comply with the EU Directive(s) the EU will withdraw the product from the market. This will have financial consequences for you as a manufacturer. The withdrawn product will be put on RAPEX, the EU rapid alert system. The system facilitates the exchange of information between Member States and the Commission on measures taken to prevent or restrict the marketing or use of products posing a serious risk to the health and safety of consumers. More information about the risks of non-compliance can be found here. Example In 2012 a protective roller skater helmet from a Chinese producer was withdrawn from the French market. The helmet did not provide sufficient shock absorption and thus did not effectively protect the user’s head. Therefore the product was withdrawn because non compliance with the Personal Protective Equipment Directive 89/686/EEC and the relevant European standard EN 1078. The helmet was put on RAPEX. What will your importer/buyer require from you? When your company is not represented in the EEA, the importer/buyer must make sure that the products they place on the market comply with the applicable requirements and do not present a risk to the European consumers. As importers/buyers are the final responsible of the products set in the EU market, they will ask you for a written assurance to guarantee that: Source: CBI Market Information Database • URL: http://www.cbi.eu • Contact: marketaccess@cbi.eu • www.cbi.eu/disclaimer EU legislation: FAQ on CE marking 1) 2) They will have access to the necessary documentation, such as the EC Declaration of Conformity and the technical documentation. This is needed in case EU authorities will ask for the documentation. The product complies with all relevant EU legislation. In case you are an exporter and no manufacturer, EU importers/buyers may require permanent communication to make sure that contact with the manufacturer can always be established. Related documents Please find below an overview of other legislative and non-legislative requirements that are of relevance. Some of the requirements are shortly highlighted in this document. More details however, can be found in the CBI database under the following document titles: Legislation: EU legislation: Chemical REACH EU legislation: Liability for defective products EU legislation: Product safety (consumer products) EU legislation: Non-compliance with product safety legislation (consumer products cases) Non legislation: European buyer requirements: Personal protective equipment Quality management system ISO 9001 Third party certification Last updated: October 2012 This document was compiled for CBI by CREM B.V. Disclaimer CBI market information tools: http://www.cbi.eu/disclaimer Source: CBI Market Information Database • URL: http://www.cbi.eu • Contact: marketaccess@cbi.eu • www.cbi.eu/disclaimer EU legislation: FAQ on CE marking Annex I - EU Directives on CE marking Below you see a list of product groups that fall under one or more Directives which determine the specific requirements that the product must meet in order to be CE marked. Table 1: Product groups and related Directives with CE marking Product groups by European Commission: EU Directive/Regulation: CBI document: 1. Active implantable medical devices 90/385/EEC 2. Appliances burning gaseous fuels 2009/142/EC 3. Cableway installations designed to carry persons 2000/9/EC 4. Construction products Regulation 305/2011 Yes 5. Eco-design of energy related products 2009/125/EC Yes 6. Electromagnetic compatibility 2004/108/EC Yes 7. Equipment and protective systems intended for use potentially explosive atmospheres (ATEX) 94/9/EC Yes 8. Explosives for civil uses 93/15/EEC 9. Hot-water boilers 92/42/EEC 10. In vitro diagnostic medical devices 98/79/EC 11. Lifts 95/16/EC 12. Low Voltage Devices 2006/95/EC Yes 13. Machinery 2006/42/EC Yes 14. Measuring Instruments 2004/22/EC Yes 15. Medical devices 93/42/EEC Yes 16. Noise emission in the environment 2000/14/EC 17. Non-automatic weighing instruments 2009/23/EC Yes 18. Personal protective equipment 89/686/EEC Yes 19. Pressure equipment 97/23/EC Yes 20. Pyrotechnic articles 2007/23/EC 21. Radio and telecommunications terminal equipment 1999/5/EC 22. Recreational craft 94/25/EC 23. Safety of toys 2009/48/EC Yes 24. Simple pressure vessels 2009/105/EC Yes Yes Yes Source: CBI Market Information Database • URL: http://www.cbi.eu • Contact: marketaccess@cbi.eu • www.cbi.eu/disclaimer For CMS Active Revision date (standard 1 year, unless changes are expected at earlier date) Summary (IMPORTANT: the first lines must highlight the application and for which CBI sector is important. Not mention specific Directives’ numbers) NEW document? (yes / no) If Yes, `new´ icon is presented Changes in document’s title? Old title: Type of document (leave only the correct option) Information type (leave only the correct option) Number of pages (number of pages of the text that will be uploaded) Ranking EU legislation: 30 Transpositions: 40 National leg (aanvullend): 35 Related markets (list all export markets for which relevant). EU and/or national, and/or Norway Sources and comments (NEW: Give a short description of the work done) Agriculture, fishery and forestry Cut flowers and foliage Always Yes (unless document should not be shown from the moment it is uploaded in the database) September 2013 If you want to export to the EU, you have to take into account that the EU set requirements regarding CE marking for specific products. This document provides general information on CE marking to understand the most important issues you have to know and consider to be able to affix CE marking on your product. Once you have read this document, you can find specific information on your product and the steps you have to follow in the related documents of the CBI database (also mentioned at the end of this document). Yes Yes EU legislation on CE-marking: Instruction on implementing CE-marking New 6 30 EU Executer: Flip Rosa, Dianthus, Orchids, Dendranthema, Gladiolus, flowers grown from bulbs and other fresh cut flowers Summer flowers Tropical flowers Prepared cut flowers Foliage Fishery products Fresh, chilled or frozen fish and fish fillets Fresh, chilled or frozen crustaceans and cephalopods Fresh, chilled or frozen molluscs Prepared or preserved fish and fish fillets Prepared or preserved crustaceans and cephalopods Prepared or preserved molluscs Food ingredients Coffee Tea Cocoa (inc. Cocoa butter, oil and fat) Edible nuts Source: CBI Market Information Database • URL: http://www.cbi.eu • Contact: marketaccess@cbi.eu • www.cbi.eu/disclaimer EU legislation: FAQ on CE marking Dried fruit and dried vegetables Fruit juices and concentrates Canned fruit and vegetables Frozen fruit and vegetables Jams, jellies, purees and marmalades Honey and other bee products Natural colours Natural thickeners Thickeners Rice Pulses Spices Herbs (dried) Raw cane sugar Refined sugar, fructose and molasses Conventional oils - niche markets (palm, sunflower, cocos - focus on virgin, organic, fair trade) Specialty oils (peanut, mais, sesame, sheabutter, mango butter, rich omega 3 oils) Olive oil (focus on organic etc) Oil seeds Fresh fruit and vegetables Tropical fruit Off-season fruit Exotic fruit Tropical vegetables Off-season vegetables Natural ingredients for cosmetics Vegetable derived oils, fats and waxes Essential oils and oleoresins Vegetable saps and extracts Raw plant material Colouring matter Natural ingredients for pharmaceuticals Medicinal and aromatic plants Vegetable saps and extracts Vegetable alkaloids Timber Timber (planks, boards, veneer) Timber building materials (doors, flooring) Timber Garden products (incl. garden furniture) Wine Wine Domestic furniture Upholstered seating Non-upholstered seating Dining and living room furniture Source: CBI Market Information Database • URL: http://www.cbi.eu • Contact: marketaccess@cbi.eu • www.cbi.eu/disclaimer EU legislation: FAQ on CE marking Kitchen furniture Bedroom furniture Home office furniture Other furniture Furniture parts Apparel Bodywear Knitted and woven clothing Sports clothing Leather clothing Babies clothing Home decoration Candles Woodware Wickerwork Artificial flowers & fruits Ceramics Glassware Metalware Plasticware Paperware Cutlery Home and furnishing textiles Household textiles Furnishing textiles Office and school supplies Paper-based items Filing and storage products Writing and drawing instruments Presentation and planning materials Office and desk accessories Cases and satchels Office furniture Industrial Automotive parts and components Parts, components and accessories for all kinds of common automotive vehicles All kinds of machinery that is used in agriculture and horticulture Parts for construction equipment Parts for lifting and materials handling equipment Pipes and process equipment Process instruments Process equipment Metal pipes and fittings Plastic pipes and fittings Pumps Source: CBI Market Information Database • URL: http://www.cbi.eu • Contact: marketaccess@cbi.eu • www.cbi.eu/disclaimer EU legislation: FAQ on CE marking Valves Electronic components Semiconductors Embedded Systems Sensors and Microsystems Passive components Electromechanical components and connector technology Electronic Manufacturing Services (EMS) Displays Power supplies Assemblies and subsystems (including modules) ED/EDA, testing and measurement Energy Efficient Lighting (EEL) Products Engineering products Electric Drives Moulds, magnets and elevators (Parts) of Transmission Hydraulics Pneumatics Tooling and workpiece holders Medical & Laboratory Devices Medical disposables Medical devices Dental devices Laboratory devices Medical furniture Medical apparel Personal protective equipment Full body protection Hand and arm protection Foot and leg protection Air purification Descender devices Head protection Hearing protection Eye protection Paints & other coatings Formulations dissolved in water Formulations not dissolved in water Pigments Additives Resins Sanitary ware and ceramic tiles Sanitary ware Ceramic tiles Source: CBI Market Information Database • URL: http://www.cbi.eu • Contact: marketaccess@cbi.eu • www.cbi.eu/disclaimer EU legislation: FAQ on CE marking Services KPO Call centres Digitisation Web services Human Resources Finance and accounting services Research and Development Procurement Engineering services Animation services Architectural services ITO services Finance & banking Healthcare Wholesale & Retail Government & Public sector Telecom Manufacturing Tourism Adventure travel Wildlife travel MICE CBT Cruises Sun and beach holidays Touring holidays Cultural tourism Spa and health tourism Source: CBI Market Information Database • URL: http://www.cbi.eu • Contact: marketaccess@cbi.eu • www.cbi.eu/disclaimer