CE Feature The Recycler Issue 307

The CE mark – make sure you’re legal
The confusion between the EU’s CE conformity mark and the Chinese export mark is one that has been
highlighted many times across multiple industries. In this piece, we examine how to tell the difference and
what not doing so might do to you as a reseller or customer.
In his talk at REMCON 2016 about
new-builds, Connett & Unland’s David
Connett spoke on new-builds, and
addressed the CE marks on products,
which differ slightly but mean very
different things. On European-made
products, they stand for EU conformity,
but a slightly different E on China-made
products stands for China export.
This confusion has existed for a
number of years, with Asia Quality
Focus analysing it in 2014, and noting
that “the CE logo of the European Union
is often modified”, and again pointed
out that there “are two similar logos,
one means ‘China Export’. Additionally,
it noted that “some ‘smart’ labs are
experts in offering ‘special’ CE
certifications” in the country, before
explaining “how to differentiate a real
and fake CE logo”.
Conformité Européenne
CE in Europe
The CE marking in Europe stands for
“Conformité Européenne” or “European
Conformity”, Asia Quality Focus adding
that this means “the product meets EU
safety, health and environmental
protection require-ments”, and that on
the European Commission website, “all
China Export
buyers can get information on how the
process of affixing the CE marking on a
product works”.
To recognise the correct CE logo for
the EU, “we should carefully look at: the
three branches of the letter E - the
central one should be shorter [and] the
space between the C and the E […]
should be quite big”. The EC website
notes that the letters “appear on many
products traded on the extended Single
Market in the European Economic Area
(EEA)”, and “signify that products sold
in the EEA have been assessed to meet
high safety, health, and environmental
protection requirements”.
The marking also “supports fair
competition by holding all companies
accountable to the same rules”, and “by
affixing the CE marking to a product, a
manufacturer declares that the product
meets all the legal requirements for CE
marking and can be sold throughout
the EEA”, applying also to products
made in other countries that are sold in
the EEA”.
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FEATURE
From the EC’s perspective, there are
“two main benefits CE marking brings
to businesses and consumers within the
EEA”, with the first that “businesses
know that products bearing the CE
marking can be traded in the EEA
without restrictions”, and the second
that “consumers enjoy the same level of
health, safety, and environmental
protection throughout the entire EEA”.
It also adds a warning, that “not all
products must have CE marking”, as “it
is compulsory only for most of the
products covered by the New Approach
Directives”, and it “is forbidden to affix
CE marking to other products”.
Businesses should also note “that a CE
marking does not indicate that a
product have been approved as safe by
the EU or by another authority”, and “it
does not indicate the origin of a product
either”.
Manufacturers need to follow six
steps to “affix a CE marking to your
product”, with the first to “identify the
applicable directive(s) and harmonised
standards”, and the second to “verify
product specific requirements”. Third is
to “identify whether an independent
conformity assessment (by a notified
body) is necessary”, while fourth is to
“test the product and check its
conformity. Fifth is to “draw up and
keep available the required technical
documentation”, where as the final step
is to “affix the CE marking and draw up
the EU Declaration of Conformity”.
CE in China
Another article from back in 2010 also
addressed the confusion, with Yachting
and Boating World warning consumers
not to “get confused” by the “Chinese
companies printing [the] close replica of
[the] European standards logo on
products”. It added that “in recent years
we’ve all got used to the fact that if a
product bears the CE mark, it’s safe.
“The reason for this assumption is
that goods with CE marking
demonstrate that they meet relevant
and strict EU standards. This marking
brings benefit to all in the supply chain
and most notably, the consumer”.
Unfortunately, the “very similar mark”
fools “the majority of consumers and
even sellers”, and “it is believed by
various organisations that this
similarity is not a chance coincidence
and that this expresses an aggressive
approach to sell into the European
market without the right standards”.
The China export logo’s letters “are
sitting very close to each other and bear
a striking resemblance to the official
European marking”, with the site
noting that “this is the one to watch out
for. It wouldn’t be too difficult to
mistake it as the genuine Euro standard
mark. The China Export logo is not
registered; it does not confirm positive
test results and is placed by Chinese
manufacturers arbitrarily”.
Asia Quality Focus actually points out
that the existence of the China export
logo is “wrong”, and that “only one CE
logo exists”, noting this in a
“testimonial about the sad reality of [a]
fake laboratory CE certificate”. The
testimonial was said to have “surprised
the AQF team and confirmed some
fraudulent methods employed by local
Chinese laboratories”, as “during an
interview with the technical lab
director of a renowned, accredited
Chinese laboratory used by many
factories, he confirmed the existence of
a real business around the fake
laboratory CE certificate”.
The director was quoted as stating: “It
is a 100 percent Chinese company, no
bonus, and not serious work: we do
almost only fake CE certificates. When
factories ask for CE certificates for some
electrical appliances, the lab provides
LINKS:
them without even seeing the sample! A
report is made without any pictures but
with all references related to the
product to make it look real.
“Of course the price is much lower
than with famous labs… these types of
CE certificates usually cost RMB 9,000
($1,303/€1,234) or RMB 12,000
($1,737/€1,645), but we sell for RMB
3,000 ($434.38/€411.40).”
Legal implications
Yacht and Boating World outlined the
implications of the confusion, first
noting that for resellers, the site adds
that “you have a legal responsibility to
ensure that the goods you sell are legally
marked. If you are a supplier/importer
in the UK, the penalty for the supply
of non-compliant products is
imprisonment and/or a fine. Under the
regulations, authorities are given the
powers to enter premises, test products
and seize records and products.
“Regulations also give the authorities
the power to force manufacturers to
recall or replace faulty product”. In
turn, for consumers it points out that “if
you are trying to identify whether your
goods are CE-marked, you should check
either the product, manual or ask your
supplier for documentation. If the logo
cannot be found or your supplier can’t
supply you a CE certificate then your
goods are not compliant and you should
return them to your supplier for a
refund”.
R
https://blog.asiaqualityfocus.com/official-ce-logo-and-fake-laboratory-cecertificate
http://www.ybw.com/vhf-marine-radio-guide/warning-dont-get-confusedbetween-the-ce-mark-and-the-china-export-mark-4607
https://ec.europa.eu/growth/single-market/ce-marking_en
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