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.
