Article 10(1)
The CE conformity marking
shall consist of the initials “CE.” The form of the marking to be used is
shown in Annex III.
Article 10 gives practical
details of CE marking. CE marking has only one meaning: conformity to European
New Approach directives! It cannot be used for commercial purposes since all
products concerned must bear this marking and other products may not bear
it. CE marking is not a mark of origin. CE marking does not mean “manufactured
in the EEC.”
The model set out in Annex III must not be distorted in any way (e.g. use
of italic character dynamic or other visual impression).
N.B. CE marking must not be affixed to safety components under the Machinery
Directive.
Article 10(2)
CE marking shall be affixed to machinery distinctly and visibly in accordance
with 1.7.3 of Annex I.
Paragraph 2 states that
marking must be distinct from the other inscriptions on the machinery and
large enough to be clearly visible (the actual size will depend on size of
the machinery).
Article 10(3)
The affixing of markings on the machinery which are likely to deceive third
parties as to the meaning and form of the CE marking shall be prohibited.
Any other marking may be affixed to the machinery provided that the visibility
and legibility of the CE marking is not thereby reduced.
Paragraph 3 does not
prohibit the affixing of other marks, such as the manufacturer’s logo, an
optional quality mark, etc., but it does prohibit marks whose shape or meaning
could be confused with CE marking.
There are also obligatory marks in European legislation which will continue
alongside CE marking, such as those for explosive atmospheres, noise of construction
equipment, etc.
CE marking must be affixed to the machinery itself. The directive provides
for an exception for lifting accessories including components such as cables
and ropes. Such products must be marked. The manufacturer may put the information
on a plate or any other means firmly fixed to the accessory.
Article 10(4)
Without prejudice to Article 7: (a) where a Member State establishes that
the CE marking has been affixed unduly, the manufacturer or his authorized
representative established within the Community shall be obliged to make
the product conform as regards the provisions concerning the CE marking
and to end the infringement under the conditions imposed by the Member State;
(b) where non-conformity continues, the Member State must take all appropriate
measures to restrict or prohibit the placing on the market of the product
in question or to ensure that it is withdrawn from the market in accordance
with the procedures laid down in Article 7.
CE marking is reserved
for products covered by a directive requiring it. Marking of products not
covered by a New Approach Directive, such as on components or sub-assemblies
referred to in Article 4(2), may be regarded as improper and abusive marking,
and hence a more serious infringement.
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