Which product?

Search for the right product

CE marking

Frequently asked questions about CE marking

01. What is CE marking and where does it find its origin? CE marking is a "passport" enabling a product to be placed on the market in any Member State.
CE marking does not indicate that a product was made in the EEA, but merely states that the product is assessed before being placed on the market and thus meets the EU legislative requirements.

Only those product categories subject to specific directives that provide for the CE marking are required to be CE marked. For construction products, the Construction Product Directive (CPD) and the more recent Construction Products Regulation (CPR) set the foundation for CE marking and ensure that reliable information can be found on construction products in relation to their performances.

The latter is achieved by providing a “common technical language", offering uniform assessment methods of the performance of construction products. Throughout the years, these methods have been compiled in harmonised European standards (hEN) and European Assessment Documents (EAD).

This common technical language is to be applied by:
  • the manufacturers when declaring the performance of their products,
  • the authorities of Member States when specifying requirements for them,
  • their users (architects, engineers, constructors…) when choosing the products most suitable for their intended use in construction works.
02. In which countries is the CE marking required? The CE marking is mandatory for certain product groups in the European Economic Area (EEA), consisting of the 27 Member States of the EU and EFTA countries Iceland, Norway and Liechtenstein.
03. Is a product that carries the CE marking always produced in the EU? No. The CE marking only signals that all essential requirements have been fulfilled when the product was manufactured. The CE marking is not a mark of origin, as it does not indicate that the product was manufactured in the European Union. Consequently, a product affixed with the CE marking may have been produced anywhere in the world. 04. Is CE marking mandatory, and if so, for which products? Yes, CE marking is mandatory for the products that are covered by the scope of one or more of the “New Approach Directives”. Construction products fall under one such New Approach Directive, the Council Directive 89/106/EEC, which provides for CE marking. CE marking will become mandatory for fire dampers as from 01/09/2012 and for smoke evacuation dampers as from 01/02/2013 for instance. 05. What is the difference between the CE marking and other markings, and can other markings be affixed on the product if there is a CE marking? The CE marking is the only marking that indicates conformity to all the essential requirements of the Directives that provide for its affixing.

A product may bear additional markings provided that they do not have the same significance as the CE marking, that they are not liable to cause confusion with the CE marking and that they do not impair the legibility and visibility of the CE marking.

In this respect, other markings may be used only if they contribute to the improvement of consumer protection and are not covered by harmonisation legislation of the European Union.
 06. Are all CE marked construction products tested and approved by authorities? Only products which are regarded as presenting a risk to the public interest require conformity assessment by a third party, i.e. a notified body. 07. What is the Construction Products Directive (CPD) and how does it relate to CE marking? The CPD aims to break down technical barriers to trade in construction products between Member States in the European Economic Area (EEA). To achieve this the CPD provides for the following four main elements:

•    a system of harmonised technical specifications (hEN)
•    an agreed system of attestation of conformity for each product family
•    a framework of notified bodies
•    the CE marking of products.

The Directive does not aim to harmonise regulations: Member States and public and private sector procurers are free to set their own requirements on the performance of works and therefore products. What the CPD harmonises are the methods of test, the methods of declaration of product performance values, and the method of conformity assessment. Choice of required values for the chosen intended use(s) is left to the regulators in each Member State.
 08. What is an ETA and how does it fit in the CE marking process? The preferred route under the CPD is for harmonised standards to be written wherever possible. But if standards cannot be produced or foreseen within a reasonable period of time, or if a product deviates substantially from a standard, then a European Technical Approval (ETA) may be written by the European Organisation for Technical Approvals (EOTA).

ETAs may be written according to Guidelines (i.e. ETAGs) if several manufacturers of a particular product in several countries express an interest. If few manufacturers in only one or two countries express an interest, then ETAs may be issued without guidelines.

ETAs have a validity period of 5 years.
 09. Who supervises the correct use of the CE marking? In order to guarantee the impartiality of market surveillance operations, the supervision of the CE marking is the responsibility of public authorities in the Member States in cooperation with the European Commission. 10. What are the sanctions for counterfeiting the CE marking? The procedures, measures and sanctions that apply to counterfeiting of the CE marking vary according to the respective Member State's national administrative and penal law. Depending on the seriousness of the crime, economic operators may be liable to a fine and, in some circumstances, imprisonment. However, if the product is not regarded as an imminent safety risk, the manufacturer may be given a second opportunity to ensure that the product is in conformity with the applicable legislation before being obliged to take the product off the market. 11. What should be undertaken when the CE marking is misused? CE marking may sometimes be affixed to products that do not fulfil the requirements and conditions for its affixing or it is affixed to products for which the affixing is not foreseen.

There are mechanisms in place to ensure that the CE marking is put on products correctly. Controlling CE marked products is the responsibility of public authorities in Member States, in cooperation with the European Commission. Citizens may contact national market surveillance authorities if the misuse of the CE marking is suspected or if a product's safety is questioned.

The procedures, measures and sanctions applying to counterfeiting of the CE marking are laid down in the relevant national legislation of the Member States. Depending on the seriousness of the crime, economic operators may be liable to a fine and in some circumstances, imprisonment.
12. What implications may the affixing of the CE marking have for the manufacturer/importer/distributor? Manufacturers are responsible for ensuring product compliance and affixing the CE marking; however, importers and distributors also play an important role in making sure that only products complying with legislation and bearing the CE marking are placed on the market. Not only does this help to reinforce the EU’s health, safety and environmental protection requirements, it also supports fair competition with all players being held accountable to the same rules.

-    When goods are produced in third countries and the manufacturer is not represented in the EEA, importers must make sure that the products placed by them on the market comply with the applicable requirements and do not present a risk to the European public. The importer must verify that the manufacturer outside the EU has undertaken the necessary steps and that the documentation is available upon request.

Thus, importers must have an overall knowledge of the respective directives and are obliged to support national authorities should problems arise. Importers should have a written assurance from the manufacturer that they will have access to the necessary documentation – such as the Declaration of Conformity and the technical documentation – and be able to provide it to national authorities, if requested. Importers should also make sure that contact with the manufacturer can always be established.

-    Further along in the supply chain, distributors play an important role in ensuring that only compliant products are on the market and must act with due care to ensure that their handling of the product does not adversely affect its compliance. The distributor must also have a basic knowledge of the legal requirements – including which products must bear the CE marking and the accompanying documentation – and should be able to identify products that are clearly not in compliance. Distributors must be able to demonstrate to national authorities that they have acted with due care and have affirmation from the manufacturer or the importer that the necessary measures have been taken. Furthermore, a distributor must be able to assist the national authority in its efforts to receive the required documentation.

If importers or distributors market the products under their own name, they then take over the manufacturer’s responsibilities. In this case, they must have sufficient information on the design and production of the product, as they will be assuming the legal responsibility when affixing the CE marking.
 13. What is a declaration of conformity and where can I obtain a copy? Once a manufacturer has had all the appropriate attestation tasks carried out for his product he is required to complete a "Declaration of conformity" which is kept with his technical file concerning the product. For fire dampers, this declaration is supported by a certificate of product conformity delivered by the notified certification body.

Whilst the CE marking is applied on the product, the declaration of conformity and the certificate of conformity must only be made available by the manufacturer in response to a substantiated request (e.g. national authorities responsible for market surveillance).

Also see further reference to the future Declaration of Performance under the new European regulation 305/2011.
 14. Is the CE marking a quality mark? The CE marking is not a quality mark. It simply shows that the product addresses the regulatory requirements. Hence, quality marks are allowed to appear alongside the CE marking, provided their purpose cannot be confused. 15. Fire dampers: What is the system of attestation of conformity for fire dampers? The attestation system defines the degree of involvement of third parties in assessing the conformity of the product according to the relevant technical specification.

For each product family the attestation system has been decided collectively by the Member States and the Commission on the basis of the implications for health and safety of the product, and on the particular nature and production process for the product itself.

There are six different systems of attestation under the CPD. Fire dampers fall under System 1, product conformity certification without audit testing, whereby:

-    the manufacturer shall carry out:
-    factory production control;
-    further testing of samples taken at the factory by the manufacturer in accordance with the prescribed test plan;
-    the notified product certification body shall issue the certificate of conformity of the product on the basis of:
-    determination of the product type on the basis of type testing (including sampling), type calculation, tabulated values or descriptive documentation of the product;
-    initial inspection of the manufacturing plant and of factory production control;
-    continuous surveillance, assessment and evaluation of factory production control. 16. Fire dampers: When is CE marking compulsory for fire dampers? Following the availability of the product standard for fire dampers EN 15650:2010, the Commission has published its reference in the "C" series of the Official Journal of the European Union in August 2011.

Manufacturers across Europe may begin to apply CE marking to fire dampers as from 1 September 2011. After this date a period of coexistence has begun, during which manufacturers are free to use the new hENs and apply CE marking, or continue to use the old national standards without CE marking.

After the period of coexistence, on 1 September 2012, conflicting national standards must be withdrawn. For CE marking to be applied after the co-existence period, production must comply with the harmonised technical specification.
17. Fire dampers: How does the CE marking appear on the product? Affixing the CE marking is the responsibility of the manufacturer or his agent or authorised representative established within the EEA. The way in which CE marking should be approached for a specific product is set out in the technical specifications.

The CE marking for fire dampers shall be placed on the CE marking label, which is applied on the product itself. The CE marking symbol shall also be shown on a specific document accompanying the product, with additional information on all regulated characteristics.

One of the most important aspects of the CE marking is that it includes technical information in the form of declared values. Where minimum or maximum values have been set in the standards themselves, these are not repeated in the CE marking. Similarly, classes of performance may be declared with the CE marking, with the key to the classes appearing in the standard.

Hence the CE marking is in effect a harmonised technical data sheet. Together with the standard, it gives all the information needed by specifiers and regulators to judge whether the product is suitable for a particular intended use in the country in which it is sold, according to the regulations which apply there.

Also see further reference to the future Declaration of Performance under the new European regulation 305/2011.
 18. What is the impact of the recent EU Regulation No 305/2011 for construction products? The Construction Products Regulation (305/2011/EU - CPR) which repeals the Construction Products Directive (89/106/EEC – CPD), was adopted on 9 March 2011. It intends to bring about:

-    Clarification of the basic concepts and of the use of CE marking for construction products;
-    Simplification of the procedures, so as to reduce the costs incurred by enterprises, in particular SMEs;
-    Increased credibility for the whole system.

The CPR has already entered into force. However, the main parts of its substantial Articles shall apply first from 1 July 2013. Until then, the CPD therefore remains in application. The already applicable parts of the CPR focus on the notification and designation processes of the Notified Bodies (NB) and the Technical Assessment Bodies (TAB).

Unlike a Directive, a Regulation applies directly in local law. One of the main impacts of the new Regulation will be to make CE marking mandatory at the point of marketing for construction product manufacturers in 4 Member States – UK, Ireland, Sweden, Finland. This will bring these Member States into line with the rest of the EU, where CE marking is already required.

The CPR introduces new terms such as Declaration of Performance (replacing the declaration of conformity), certificate of constancy of performance (replacing the certificate of conformity),…
 19. What is a Declaration of Performance (DoP) and how does it differ from a Declaration of Conformity (DoC)? The Declaration of Performance (DoP) is the key concept in the recent Construction Products Regulation (CPR) 305/2011. The DoP gives the manufacturer the opportunity to deliver the information about the essential characteristics of his product he wants to deliver to the market.

The manufacturer shall draw up a Declaration of Performance when a product covered by a harmonised standard (hEN) or a European Technical Assessment (ETA) is placed on the market. By drawing up this DoP, the manufacturer assumes the responsibility for the conformity of the construction product with the declared performance.

On the basis of the information contained in the DoP, the user will decide to buy, amongst all the products available on the market, the one which is fit for the use he intends to give to such product and he assumes the full responsibility of such decision.

The DoP constitutes then the key element in the functioning of the Internal Market for construction products by providing it with the necessary transparency and by establishing a clear system of allocation of the responsibilities between actors.

The minimum amount of information that the manufacturer is obliged to provide is innovative compared with the current situation under the Construction Products Directive (CPD): the manufacturer has to declare
-    the intended use(s) of the product and
-    at least one of the relevant essential characteristics for each of the declared intended use(s).

The DoP differs from the current DoC in that it clearly expresses the product performance in relation to the essential characteristics defined in the relevant hEN.

The CE marking follows the DoP and means that the manufacturer has strictly followed all the applicable procedures for drawing up his DoP and, consequently, the DoP is accurate and reliable.

A copy of the declaration of performance of the product shall be supplied either in paper form or by electronic means, in the language(s) required by the Member State where the product is made available.
The copy of the declaration of performance may be made available on a web site, although conditions for this are still not defined at the time this document is drafted. A paper copy of the declaration of performance shall still be supplied if the recipient requests it.

Back to overview

Do you have more questions?

You don't find an answer in this list? 
Please send us your question through the contact form: Contact form