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April 19, 2020
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Health & Environment: European CE Marking

With the CE marking the EU has developed an innovative instrument and enables the free movement of products within the EU market. Since 1993 the CE marking indicates a product’s compliance with EU legislation. This ensures satisfaction with legal health and safety as well as environmental protection requirements.

Having a CE marking on a product, the manufacturer declares on his sole responsibility, conformity with all the legal requirements to achieve CE marking. Therefore it ensures validity for that product to be sold throughout the EEA. The same applies to products made in third countries but sold in the EEA.

CE marking states that the product is assessed before being placed on the market and, as such, satisfied the essential legislative requirements including health and safety and environmental protection requirements to be sold throughout. Of course, importers and distributors also play an important role in making sure that only products which comply with the legislation and bear the CE marking are placed on the market. This ensures health and safety and environmental protection, and supports fair competition with all players being held accountable to the same rules.

We set out below an outline of steps required to establish if CE marking is required.

  1. Identify the directive(s) and harmonised standards applicable to the product
  2. Verify the product-specific  requirements
  3. Identify whether an independent conformity assessment is required from a notified body
  4. Test the product and check its conformity
  5. Draw up and keep available the required technical documentation
  6. Affixation of the CE marking to product and EC declaration of conformity

The relevant national legislation is Law on Basic Requirements to be fulfilled by Specific Categories of Products as amended, most recently in 2013. The Law sets out inter alia the general principles governing the implementation of the legislation, general obligations of all actors, the procedure for assessment of compliance as well as approved notified bodies. Additional regulations are issued in accordance with particular industries.

As a result, all relevant stakeholders ranging from manufacturer to user, have to comply with the CE marking. Particularly during these challenging times, all actors must take greater caution to ensure public health and safety and environmental protection, in the interest of current and future generations.

RELATED INSIGHTS FROM OUR ENVIRONMENTAL PRACTICE GROUP

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