CE marking

What CE marking means

CE marking shows that a product meets the requirements of the applicable EU directives. It is not a seal of approval and no statement of quality but a declaration by the manufacturer that the applicable requirements are met. Anyone placing a product with this mark on the market confirms that as well.

Not every product needs it. It applies only to certain product groups, such as toys, electrical equipment, machinery, medical devices and protective equipment. For textiles, furniture without electrical parts or food it does not apply, where other rules take over.

Who carries the responsibility

The duty falls on the manufacturer, and when the product comes from a third country, on the importer. The importer is legally treated like a manufacturer, because they place the product on the market in the EU. That is the point where retailers often misjudge themselves: anyone sourcing goods directly from Asia and selling them in the EU is the importer and carries the duties of product safety law.

A pure reseller who passes on goods already compliant within the EU has lighter duties. They have to check that labelling, instructions and safety notes are present and may not offer a recognisably unsafe product.

Which duties arise on import

• Technical documentation: the documentation on which conformity rests has to exist and be kept. It usually comes from the manufacturer and has to be complete.
• Declaration of conformity: the written statement that the requirements are met, naming the product and signed by the responsible person.
• Labelling: the CE mark, name and address of the responsible party in the EU and details required by the specific directive.
• Instructions and safety notes: in the language of the country where the sale happens.
• Testing: for some product groups a test by a notified body is prescribed, which appears as a number behind the mark.

Why retailers are liable

Liability does not fall only on manufacturers. Anyone placing a product on the market that does not meet the requirements can be held responsible, and for personal injury or property damage the liability applies regardless of any duty of care towards the customer. Administrative measures up to a sales ban and the recall of goods already sold come on top.

A commercial point adds to it. Without the declaration of conformity the retailer cannot claim recourse against the supplier, because the defect could have been noticed on acceptance. The check is therefore not bureaucracy but self protection.

Frequent questions

• Do I have to create the declaration myself? After importing yes. The manufacturer supplies the basis.
• Is a mark on the product enough? No, the documentation belongs with it.
• What do I check before listing? Product group, declaration of conformity, labelling and completeness of the instructions.