:: CE Marking ::

We often ask private and employees- How can we discover if the CE mark is false? Here are the answers!

1 The EC mark must match with that decided by European directives, so it must be equal to that present in our header (without the grid) and to get to the minimum height of 5 mm.

2 Check if there is a label in addition to the mark and on this there must be: the mark, the name of a person resident in the EEC (the producer or importer), the identification data of the product, some features of the product –es: tension volt of exercise

3 Among the documents there must be the declaration of conformity that could be in single leaflet or contained in the manual, but it must be signed and contain an identifying number of the article that is under investigation or of the batch to which it belongs. The declaration of conformity cannot be a generic printed.

4 The instruction manual for the installation, the use and the maintenance. There it can be printed the declaration of conformity that must be completed and signed from the legal representative of the producer company.

If you are part of a supervisory authority (Guardia di Finanza, Carabinieri, state police, customs officers), you can ask to see the technical file that must contain a facsimile of all the documents mentioned in point 1 and 4 and in addition also drawings, projects, schemes, laboratory tests and anything else that will serve to demonstrate that the product meets the standards. Note: In the technical file there must always be one or more procedures about how the manufacturer performs inspections on the product.

If everything is positive we can pass for further reference at the laboratory tests to verify specific characteristics.

I can ensure that many products that are in the European Community and almost all of those from outside do not exceed those checks. If we go then in the laboratory the situation becomes even heavier.

Normally we heard only of non-conformity striking cases es: melamine in the milk, but the cases of illegal things are widespread.

Last note: a product that comes to the customs already marked but without the name of the importer can be arrested immediately without further control, even if everything is ok, because the EC mark has been affixed from a person that has no right to do that.

And then someone will ask : how do we protect ourselves from the invasion of foreign products? The question can have two possible origins: ignorance or bad faith. The first is solved reading well this article, for the second ask for help the law.

We have heard in the past many voices requesting the application of restrictive methods to reduce all the products coming from abroad, in particular from the Far East, that invades our markets.

The proposals to implement these initiatives were different, but all based on limits and restrictions, which are obiouvsly seen badly from those who supports the free market.

But it seems clear that “free market” cannot mean a wild market and especially without guarantees for the final customer that very often is the consumer.

We do not know if this inability to deal with this phenomenon comes from ignorance or from a lack of will that goes beyond simple declarations or cries of complaint.

It seems to us very simple to apply extensively what is provided for the CE marking of the products placed in the European market.

It would not be to invent new laws, restrictions or duties, but to make customs officers and financiers aware in an extensive way of what are all the European directives on the EC mark. For example that only fiscally residents in the European Community can apply the CE marking.

This simple rule, however already active, would immediately close the doors to all those products that arrive in Europe (therefore also in Italy) already with the EC mark.

At this point it remains only the need to form control personal and to make them more. The cost of these operations would largely be repaid from the benefits of the consumers and the producers within the European Community, not counting the fact that the serious importers would be involved in concrete activities, while those improvised should change professions.

Publish with pleasure the contents of a campaign of information disseminated by the Ministry of Productive Activities

Information campaign promoted by:

Ministry of Productive Activities

General Directorate for the harmonisation of the market and the consumer protection

Via Molise, 2 – 00187 Rome

www.minindustria.it

G L O S S A R Y

* the definitions listed are those in use at Community level

★ European Union (EU): Organisation of European countries, in which there is ITALY, founded as EEC (EUROPEAN ECONOMIC COMMUNITY) in 1957 and defined in the current structure and goals with the Treaty of Maastricht in 1993.

Its task is to “organise in a consistent and solidal way the relations between the Member States and their peoples”.

The EU wants also “To Promote a balanced economic and social progress” by a space without internal frontiers, to make economic and social cohesion stronger and to establish an economic and monetary union.

★ Directive: legal rule enacted by the Community institutions: the Council and the Parliament.

THE DIRECTIVES IN GENERAL ARE NOT DIRECTLY APPLICABLE, but must be transposed by special laws of transposition at national level; these provisions also introduce the sanctions part which is not present in the text of the directives.

★ Technical harmonised standards: rules defining the characteristics of safety of products and the verification tests related. They are written by European standards organisations:

CENELEC for the products of the sector electrical/electronic, ETS for the products in the field of telecommunications and CEN for the products of other sectors. These rules are such “harmonised”, when the references are published in the Official Journal of the European Communities (OJEC).

★ Third country: country that is not part of the European Union.

★ Producer/Manufacturer: Physical or legal subject that professionally undertakes an economic activity consisting in the organisation of company for the supply of products.

★ IMPORTER: Physical or legal subject that conducts the first placing of a product coming from a third country in the Community market.

★ Import: Economic activity consisting in the introduction in the Community market of goods from third countries. We never speak of import in the passage of a product from a country to another within the EU.

★ Packaging: container, support or any other type of packaging in which the product is contained and used to protect the product itself, which has sometimes also information on its characteristics.

The CE marking

In the European Union

The Single European Market is one of the great successes of our time: is the Economic space in which goods, services, capital and people can move freely without barriers. The European Union from the beginning aimed at eliminating the obstacles to the free movement of goods. For this are fundamental the Community directives that, after the European Council resolution of 7 may 1985, have changed radically the regulatory and the control of the internal market with original and innovative instruments.

These directives covering both categories of professional and industrial products and products for consumer (e.g. electrical products, toys), are those of the “New Approach”. An important characteristic of these directives is the possibility for the manufacturer of using the relevant harmonised standards to meet the guarantee of a production that respects the essential safety requirements and therefore to affix legitimately the marking on the products.

What is the CE marking?

It is the indication that a product complies with the essential safety requirements of the Community directives applicable to the product itself.

The CE marking is a quality or origin mark?

Nor of quality or origin and does not mean “Made in Europe”. It is only the declaration of the respect of the essential safety requirements of the Directive/AND COMMUNITY/AND APPLICABLE.

What form must have the CE marking?

The form indicated below:

If the size of the product is too small and it is necessary to reduce the marking(however not under five mm) or enlarged it is however necessary to respect the proportions.

Where it should be affixed the CE marking?

On the product. If it is not possible, since the product too small, it has to be on the possible packaging and on the accompanying documentation

Who must affix the CE marking?

The manufacturer if he resides in the European Union, otherwise a representative, AUTHORIZED from him established in the EU. In the absence of this one the responsibility of the CE marking lies on the subject that makes the first placing of the product in the Community market.

When must be affixed the CE marking?

Before the product is placed on the market, unless the Specific Directives provide differently.

If a product falls under more directives must it have more markings EC?

No, always one marking.

All products must have the CE marking?

No, only those that fall under the Community directives so-called “new approach”

(e.g. toys, all electrical products, sunglasses and eyeglasses, gas or pressure appliances).

The components of the products must also have the CE marking?

No, if the marketing is between professional users, so if these components are assembled in products more complex and no longer used separately.

Yes, if they are available on the market to end-users as for example spare parts.

What are the obligations of the manufacturer?

To Place on the market only safe products which meet the requirements of the directives under which the product falls and in particular the safety requirements.

What documents must prepare the manufacturer?

The manufacturer is required to write a “declaration of conformity”, in which indicates the Directives applied and the technical standards used. He must write and take also a “technical file” descriptive of the technical characteristics of the product and of the tests he made proving the security of the product. This documentation must be available at the request of the competent authorities who monitor the market.

What is a Notified Body (on)?

It is a technical institute recognised by the competent authorities of a Member State of the EU and notified to the European Commission. The Body, on the basis of laboratory tests, ensure the conformity of products to the essential requirements of safety of the Directive/and which concern them.

When is it necessary the intervention of the on?

When it is expressly provided by the directives. In general this happens when the products are particularly dangerous (e.g. gas appliances, pressure vessels). In other cases the manufacturer can “self-certify” the product by affixing the CE marking, after the checks to establish the compliance with the requirements of security required by the Directives.

What are the consumer products that must not bear the CE marking?

The list is very wide. Examples are the Articles for the garden, watches and musical instruments not electrical, mattresses, scissors, knives, kitchenware, footwear canes, suitcases.

Who can ask for a consumer to report a product without marking or laying a counterfeit mark or for a product which must not have it and instead has it?

He can submit an alert to the responsible ministries (e.g. to the Ministry of Productive Activities for toys or electrical equipment; e.g. to the Ministry of Health for contact lenses corrective or eyeglasses); he can also apply for advice and assistance to an association for the consumer protection.