EN Official Journal of the European Union CE 88/161

(2004/C 88 E/0170)

WRITTEN QUESTION E-3965/03

by Mario Borghezio (NI) to the Commission

(5 January 2004)

Subject: Measures against China for abusive use of the EC symbol

China is now marking its products in a number of sectors with the words ‘China Export’, abbreviated to ‘CE’. This use of the initials ‘CE’ on numerous Chinese products is a clear case of abusive imitation of initials which symbolise the European Community on the world market. Such imitations are causing immense damage to the EU's producers and its labour market. Can the Commission state what measures it intends, as a matter of urgency, to put in place vis-à-vis the authorities of the People's Republic of China?

Answer given by Mr Lamy on behalf of the Commission

(9 February 2004)

The Commission is aware of the abusive use of the CE marking, including that perpetrated through the ‘China Export’ scheme, as well as of the wider context of problems concerning the enforcement of intellectual property rights with regards to Chinese products. The Commission performed a survey on the enforcement of intellectual property rights, and China is cited as the country that poses the greatest intellectual property enforcement challenge in the world. This survey can be found at: (http://europa.eu.int/comm/trade/issues/sectoral/intellproperty/surveyen.htm).

The use of the initials ‘CE’ (Conformité Européenne) corresponds to the CE Marking scheme, which applies to products regulated by certain European health, safety and environmental protection legislation (1). The CE Marking is mandatory for products it applies to; in other words the manufacturer must affix the CE marking in order to be allowed to sell his/her product on the European market. The CE Marking indicates that the product is in conformity with the applicable Community requirements imposed on the manufacturer and that the appropriate conformity assessment procedures have been completed.

The CE marking is not a trade mark and cannot be the subject of a complaint to the World Trade Organisation (WTO). National market regulators, and in general health and safety authorities can respond to the abusive use of such marking with seizures and other such measures. In fact, based on consumer protection legislation, customs authorities in Member States can seize goods bearing a misleading CE mark when imported, even before they are released.

Given the increased interest by industry and consumers in marking, the Commission is, at the moment, also consulting stakeholders on the possibility of introducing an origin marking scheme.

(1) The CE Marking is required only for the following types of products:

— Toys

— Machinery

— Electrical equipment (Low voltage directive)

— Electronic equipment (Electromagnetic compatibility directive)

— Personal protective equipment

— Pressure equipment-Medical devices

— In vitro diagnostic medical devices

— Active implantable medical devices

— Radio and Telecommunications terminal equipment

— Simple pressure vessels -Gas appliances

— Lifts

— Recreational craft

— Equipment and protective systems for use in explosive atmospheres

— Non-automatic weighing instruments

— Cableways

— Construction products

— Explosives for civil use