WRITTEN QUESTION E-2905/97 by Robert Evans (PSE) to the Commission (17 September 1997)

Subject: CE conformity marking

Does the Commission accept that the CE conformity marking regulations serve to restrict free and fair competition?

An electronics company in my constituency, although favourable to the concept of the CE mark, is frustrated at their lack of choice when purchasing their electrical equipment, confined to approved manufacturers or their appointed agents within the Community.

The company in question feels that should they be permitted to have equipment approved by an appointed laboratory within the EU (and meet this cost), their needs would be better served.

Answer given by Mr Bangemann on behalf of the Commission (3 November 1997)

The Commission feels that the principles concerning the affixing of the CE mark to those industrial products that are covered by a technical regulation within the Community in no way restrict free and fair competition since that mandatory system applies in the same way to all products so covered that are marketed within the Community, whatever their origin.

On the contrary, the Commission feels that a regulation of this type that is based on new principles - the new approach to standardisation and the global approach as regards conformity assessment - has enabled the systems previously predominating in the Member States to be simplified. It is thus likely to breed healthy, fair competition among industrialists. If they are to be marketed or used within the Community all of the products that are subject to these Community regulations must bear a CE mark that has been affixed by their manufacturer or their manufacturer's representative.

In principle three Directives apply to electrical and electronic products: Directive 73/23/EC, as amended by 93/68/EEC on electrical safety ((OJ L 220, 30.8.1993. )), Directive 89/336/EC, as amended by 92/31/EEC and 93/68/EEC on electromagnetic compatibility ((OJ 126, 12.5.1992. )) and Directive 91/263/EEC, as amended by 93/68/EEC, and supplemented by 93/97/EEC in respect of satellite earth-station equipment] ((OJ 290, 24.11.1993. )), In the case of the first two Directives the CE mark is in essence affixed on the basis of the 'manufacturer's declaration' where the manufacturer applies harmonised European standards. Where this is not the case the manufacturer must turn to a competent body in order to have his structural design assessed in pursuance of the Electromagnetic Compatibility Directive. Where the third Directive applies bodies notified by the Member States act, at the manufacturer's request, before the CE mark is affixed. Those technical bodies must meet certain criteria, more particularly as regards independence and technical competence. Strictly speaking there is no approval of manufacturers or their representatives. However, that Directive offers manufacturers the option of having their quality-assurance system approved. This is not a requirement.

On the basis of the above all UK operators may procure products that have had the Community logo affixed to them by their manufacturers (or the manufacturer's representatives) in accordance with the relevant provisions of the Directives concerned. These are listed above and are to be implemented in the same manner by all manufacturers, whatever their location.

These harmonised technical regulations transfer responsibility for the marketing of products within the Community to their manufacturers (or manufacturer's representatives) via the affixing of the CE mark, and in no case to any notified bodies that may be involved in the assessment procedure. This is why products cannot be 'approved' by those bodies.