EN Official Journal of the European Union CE 88/423

(2004/C 88 E/0430)

WRITTEN QUESTION E-2621/03

by Piia-Noora Kauppi (PPE-DE) to the Commission

(2 September 2003)

Subject: Enhanced consumer safety through additional private certification marks

The European Commission recently presented its proposal for the review of the ‘New Approach’. In this context it is also taking further steps in order to promote the use of the CE marking.

The CE marking is attached to the product by the producer himself declaring conformity with the respective EU directives. In order to protect the consumer from faulty or even dangerous products this system of ‘self-declaration’ has to be based on sufficient market surveillance in the Member States. As a result of various discussions on this issue I have the impression that an equally high level of market surveillance cannot be guaranteed throughout a growing European Union at that time.

Given the current situation, is the Commission willing to promote the use of well-accepted private certification marks, which are provided by an independent third party after a series of tests and production monitoring, certifying the proper functioning and safe use of a product?

If so, why is that not reflected in the review of the ‘New Approach’, where the requirements for the attachment of additional private certification marks are raised even higher? In many cases European private certification bodies will not be allowed to apply their marks even though the lack of market surveillance strongly calls for independent expertise to guarantee consumer safety.

Is the Commission aware of the fact that its current approach will result in significant discrimination against European private certification bodies, as competitors from the US (e.g. UL) or other non-European countries will still be in a position to apply their certification marks on products for the European market?

Answer given by Mr Liikanen on behalf of the Commission

(7 October 2003)

The CE marking symbolises the conformity of a product with the applicable harmonised requirements as contained in the relevant New Approach Directives (1) and imposed on the manufacturer. With its affixing, the manufacturer declares that the product conforms to all applicable Community provisions, and that the appropriate conformity assessment procedures have been carried out. The CE marking is mandatory and must be affixed before any product subject to it is placed on the market and put into service, except where specific Directives require otherwise. On the other hand, a product may not be CE marked unless this product is covered by a Directive providing for the affixing of the CE marking. As an outcome of the extensive consultation procedure preceding the publication of the Communication, the Commission has identified a strong need to clarify and promote the understanding of the CE marking and to clarify its relation to voluntary product marks.

According to the ‘Global Approach to certification and testing’ (2), specific modules have been devised for the various phases of conformity assessment procedures. With the exception of module A, which requires a manufacturer's declaration, all modules provide for the mandatory involvement of an independent third party body (so-called ‘notified body’) during one or all phases of conformity assessment. The replies received during the above-mentioned consultation process have confirmed the efficiency of this specific pre-market control system aimed at ensuring both flexibility for manufacturers and safety for users and consumers of the products covered.

The Commission has always considered effective market surveillance to be an essential tool for the enforcement of New Approach Directives and has, on numerous occasions, underscored the importance of an efficient and coherent market surveillance system throughout the Union. The appropriate balance between pre-market (conformity assessment procedures) and post-market (market surveillance) controls depends upon the specificities of the various product sectors. It must, however, be stressed that, as experience outside the Union has clearly shown, market surveillance is independent of the conformity assessment system applied and equally necessary in systems providing for overall mandatory third party certification.

New Approach Directives and the General Product Safety Directive (3) specifically require Member States to take all necessary measures to ensure that products may be placed on the market and put into service only if they do not endanger the safety and health of persons, or other interests covered by the applicable Directives, when correctly constructed, installed and maintained, and used in accordance with their purpose. This implies an obligation for Member States to organise and carry out market surveillance in a way that is effective and sufficiently extensive to discover non-compliant products. The Commission has been very active in this field encouraging Member States to reinforce administrative co-operation between their national market surveillance authorities and to align their levels of enforcement; supporting initiatives to increase the efficiency of information exchange procedures; and initiating projects on cross border market surveillance which involve both Member States and Candidate Countries.

With regard to the relationship between the CE marking and additional voluntary marks, the Commission continues to consider that the latter may be applied to a product provided they fulfil a different function from that of the CE marking; they do not create confusion as to the meaning or form of the CE marking; and they do not reduce the legibility and visibility of the CE marking. The CE marking is not a commercial quality mark for the consumer but an administrative mark directed at national market surveillance authorities. It has been conceived as a ‘European passport’ for products that are in conformity with all harmonised requirements of the applicable New Approach Directive(s) to guarantee their free movement within the European Economic Area (EEA) and beyond (where the CE marking is recognised). The Commission is unaware of any case in the past, where private certification bodies have been denied the right to apply their marks.

With regard to private voluntary certification marks that can be accepted in addition to the CE marking along the lines described above, the Commission has always considered that it has in principle to be left to the markets to determine whether there is a demand for such marks. The Commission sees neither a sufficient legal basis nor a specific need to ‘promote the use’ of voluntary marks. The existence of a wide variety of national private certification marks appears to be a clear indication that certification services have properly addressed the respective market needs in this regard. Currently, the Commission is considering initiating a study on private voluntary marking within the context of its Internal Market Strategy.

(1) Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment, OJ L 399, 30.12.1989 Council Directive 90/384/EEC of 20 June 1990 on the harmonisation of the laws of the Member States relating to non-automatic weighing instruments, OJ L 189, 20.7.1990 Council Directive 93/42/EEC of 14 June 1993 concerning medical devices, OJ L 169, 12.7.1993 Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system, OJ L 235, 17.9.1996 Directive 98/79/EC of the Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices, OJ L 331, 7.12.1998.

(2) Council Resolution of 21 December 1989 on a Global Approach to Conformity Assessment, OJ C 10, 16.1.1990.

(3) Directive 2001/95/EC of the Parliament and of the Council of 3 December 2001 on general product safety, OJ L 11, 15.1.2002.