No C 160/14 Official Journal of the European Communities 20. 6. 91 
Proposal for a Council Regulation (EEC) concerning the affixing and use of the CE mark of 
conformity on industrial products 
(91/C 160/07) 
COM(91) 145 final — SYN 336 
(Submitted by the Commission on 5 June 1991) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100a 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the Council has already adopted several 
directives aimed at abolishing technical barriers to trade 
pursuant to Article 100a of the Treaty on the basis of the 
principles laid down in the resolution of 7 May 1985 
concerning a new approach to technical harmonization 
and standardization ('); whereas these directives provide 
for the affixing of the CE mark, but in a non-uniform 
manner; whereas it is therefore necessary to harmonize 
these provisions in particular for products which may 
come within the scope of several of these directives; 
Whereas the Commission, in its communication of 15 
June 1989 concerning a global approach to certification 
and testing (2) proposed the creation of common rules 
for a CE mark of conformity with a single graphic 
symbol; whereas the Council in its resolution of 21 
December 1989 concerning a global approach to 
conformity assessment (3) adopted as a guiding principle 
the adoption of such a coherent approach with regard to 
the use of the CE mark; 
Whereas the two basic features of the new approach to 
be applied are therefore the essential requirements and 
the conformity assessment procedures; 
Whereas in Council Decision 90/683/EEC of 13 De­
cember concerning the modules for the various phases of 
the conformity assessment procedures which are 
intended to be used in the technical harmonization 
O OJ No C 136, 4. 6. 1985, p. 1. 
(2) OJNoC231, 8. 9. 1989, p. 3; 
and OJ No C 267, 19. 10. 1989, p. 3. 
(3) OJ No C 10, 16. 1. 1990, p. 1. directives (4) the Council specified that it is the manu­
facturer who affixes the CE mark or has it affixed by his 
authorized representative in the Community, or else the 
person responsible for placing on the Community 
market; whereas in exceptional cases provision should be 
made for the person responsible for placing the product 
on the Community market to be able to affix the CE 
mark; subject to compliance with the provisions 
applicable to the manufacturer or his authorized 
representative established in the Community, if the latter 
do not affix the CE mark; whereas, furthermore, the 
notified body must always affix its identification number 
next to the CE mark when it is involved in the 
production control phase; 
Whereas the aim of the CE mark is to indicate the 
conformity of a product with the levels of protection of 
collective interests laid down by the directives and to 
indicate that the economic operator is subject to all 
assessment procedures laid down in Community law in 
respect of his product; 
Whereas, therefore, the affixing of other marks or indi­
cations concerning the date of placing on the market, 
conformity with quality standards or pictograms 
concerning a particular use of the product are 
compatible with the CE mark provided that no confusion 
may arise as to the meaning and graphic design of the 
different marks; 
Whereas the Member States should give appropriate 
protection to the CE mark, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Scope 
This Regulation lays down rules for affixing the CE 
mark of conformity provided for in the Community 
legislation in respect of the design, manufacture, 
marketing, putting into service and/or use of the 
industrial products. 
Article 2 
Meaning 
1. The CE mark affixed to the industrial products 
indicates that the natural or legal person who affixed the 
(4) OJ No L 380, 31. 12. 1990, p. 13. 
20. 6. 91 Official Journal of the European Communities NoC 160/15 
mark or had it affixed has ascertained that the product 
conforms to all binding Community provisions applicable 
to it. 
2. The legally binding Community provisions referred 
to in paragraph 1 are those which cover the products 
concerned and which provide for appropriate conformity 
assessment procedures, to the exclusion of any differing 
national provisions. 
3. Any industrial product covered by the provisions 
referred to in paragraphs 1 and 2 must bear the CE mark 
except in cases provided for in the specific directives. 
Article 3 
Graphic design and affixing 
1. The CE mark of conformity shall consist of the 
initials ' C€ ' as shown below: 
C€ 
These initials shall consist of semi-circular letters. The 
length of the bar inside the ' € ' shall be at least 80 % of 
the outer radius of the semicircle. 
2. Unless the directives specifically provide otherwise, 
the CE mark shall be at least 5 mm in height. The 
thickness of the initials shall be at least one-fifth of the 
height of the CE mark. 
3. The CE mark shall be affixed to the product or to 
the data plate. However, where the kind of product does 
not allow or justify this, the CE mark shall be affixed to 
the packaging, where its exists, and to the accompanying 
documents where the directives provide for such 
documents. 
4. The CE mark shall be affixed visibly, legibly and 
indelibly. 
Article 4 
Notified body and year 
1. The CE mark of conformity shall be followed by 
the identification number of the notified body within the 
meaning of Decision 90/683/EEC where the body is 
involved in the production control phase, within the 
meaning of that Decision, and by the two last digits of 
the year in which the mark was affixed, as specified in 
Article 3 (3) and (4). 2. Where a product is covered by several directives 
and several bodies may be involved in the production 
control phase, one of these bodies shall bring together 
and coordinate all of the work. Only the identification 
number of this body shall appear after the CE mark. 
The identification numbers of the other notified bodies 
shall appear either on the declaration or on the 
certificate of conformity. 
3. The identification number shall be allocated by the 
Commission when it is notified of the bodies. The lists of 
notified bodies shall be published by the Commission in 
the Official Journal of the European Communities and 
shall be constantly updated. 
4. A notified body shall be given the same number 
when it is notified under several different directives. The 
identification number shall be affixed solely where a 
directive provides that a notified body must be involved 
in the production control phase. 
Article 5 
Additional information authorized 
1. Where specific directives so provide, the CE mark 
(followed where relevant, by the identification number of 
the notified body) shall be accompanied either by a 
pictogram relating to a particular use of the product or 
by information concerning the category of use of the 
product. 
2. Any other mark, such as a mark of conformity with 
a standard or a mark of conformity with other 
Community provisions not superseding national law, 
may be affixed to the product, the packaging or the 
documents accompanying the product provided it does 
not reduce the visibility and legibility of the CE mark. 
Article 6 
Additional information prohibited 
It is prohibited to affix any other mark, sign or indi­
cation which may be confused with the CE mark in 
meaning or design, in particular where their use may 
imply a link between the product concerned and any 
Community legislation referred to in Article 2 when such 
a link does not exist. 
However, the holder of a registered trade mark which 
may be confused with the CE mark may continue to use 
that registered mark until 31 December 1999 provided 
that the mark in question: 
(a) was registered no later than 31 December 1985; 
No C 160/16 Official Journal of the European Communities 20. 6. 91 
(b) has actually been used up to the adoption of this 
Regulation. 
Article 7 
Affixing of the CE mark 
1. The CE mark shall be affixed by the manufacturer 
or his authorized representative established in the 
Community, or else by the person responsible for placing 
the product on the Community market in accordance 
with Article 2. 
2. The identification number of the notified body shall 
be affixed under that body's responsibility either by the 
body itself or by the manufacturer or his authorized 
agent established in the Community. 
Article 8 
Penalties 
1. If any Member State or notified body finds that the 
CE mark has been improperly affixed, the product 
concerned shall be prohibited or shall no longer be 
marketed. 2. Member States shall adopt all necessary national 
provisions to prohibit any possibility of confusion and to 
prevent any misuse of the CE mark, these provisions 
being applicable from 1 January 1993. 
3. Member States shall lay down appropriate legal 
penalties for any infringement. 
Article 9 
Amendment of directives 
The provisions concerning the affixing and use of the 
CE mark laid down in the directives indicated in the 
Annex hereto are hereby amended by the provisions of 
this Regulation, where they do not conform thereto. 
Article 10 
Final provisions 
This Regulation shall enter into force on 1 January 1993. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
ANNEX 
Directives which have been adopted in accordance with the criteria of the new approach and which meet 
the criteria of Article 2 (1) of this Regulation. 
(a) Directives adopted 
Council Directive 87/404/EEC of 25 June 1987 on the harmonization of the laws of the Member 
States relating to simple pressure vessels ('). 
Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member 
States concerning the safety of toys (2). 
Council Directive 89/106/EEC of 21 December 1988 on the approximation of the laws, regulations 
and administrative provisions of the Member States relating to construction products (3). 
Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member 
States relating to electromagnetic compatibility (4). 
Council Directive 89/392/EEC of 14 June 1989 on the approximation of the laws of the Member 
States relating to machinery ('). 
(•) OJ No L 220, 8. 8. 1987, p. 48. 
(2) OJ No L 187, 16. 7. 1988, p. 1. 
(3) OJ No L 40, 11. 2. 1989, p. 12. 
(4) OJ No L 139, 23. 5. 1989, p. 19. 
(s) OJ No L 183, 29. 6. 1989, p. 29. 
20. 6. 91 Official Journal of the European Communities No C 160/17 
— Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the 
Member States relating to personal protective equipment ('). 
— Council Directive 90/384/EEC of 20 June 1990 on the harmonization of the laws of the Member 
States relating to non-automatic weighing instruments (2). 
— Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member 
States relating to active implantable medical devices (5). 
— Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member 
States relating to appliances burning gaseous fuels (4). 
(b) Common position 
— Council Directive on the approximation of the laws of the Member States concerning telecommuni­
cations terminal equipment, including the mutual recognition of the conformity thereof. 
(') OJ No L 399, 30. 12. 1989, p. 18. 
(2) OJ No L 189, 20. 7. 1990, p. 1. 
O OJ No L 189, 20. 7. 1990, p. 17. 
O OJ No L 196, 26. 7. 1990, p. 15.