WRITTEN QUESTION No. 229/99 by Graham WATSON CE marking
Date: 1999-02-03
Institutions: European Parliament, WATSON
Subjects: EC conformity marking, consumer protection, harmonisation of standards, market supervision, marketing standard, producer's liability, safety standard, technical standard

C 325/92

Official Journal of the European Communities

EN

12.11.1999

In accordance with Council Directive 93/89/EEC of 25 October 1993 on the application of Member States of
taxes on certain vehicles used for the carriage of goods by road and tolls and charges for the use of certain
infrastructures (2), Member States may decide to introduce road tolls in their territory.

The Commission has no reason to believe that the foreseen introduction of a regulatory charge by the Dutch
government infringes any privacy rights of European citizens.

(1) OJ L 347, 17.12.1973.
(2) OJ L 279, 12.11.1993.

(1999/C 325/121)

WRITTEN QUESTION P-0229/99

by Graham Watson (ELDR) to the Commission

(3 February 1999)

Subject: CE marking

Given the recent criticism of the CE mark system, does the Commission agree that manufacturers/importers
should be required to submit to their national authority (or to the national authority of the EU country of
reception for imported goods) a technical file for scrutiny in advance of the placing on the market of the
product?

Answer given by Mr Bangemann on behalf of the Commission

(11 March 1999)

Products which are covered by directives adopted under the ‘new approach’ to technical harmonisation and
standards (1) should only be placed on the market if they are in conformity with the essential requirements of
the relevant directives, including those on safety. Conformity assessment of products under new approach
directives is the responsibility of the manufacturer or the importer, according to procedures identified in the
directives, with the aid of notified bodies (independent third parties) when so specified. CE marking is a
confirmation by the manufacturer that this process has been completed.

The technical file is an element in this process. It is held by the manufacturer, but must be made available to the
national authorities when required.

The Commission is of the opinion that the systematic notification of technical files to the authorities would be
undesirable. In the first place, it would create important additional burdens for manufacturers and Member
States. Further, for notification to be useful, the files would have to be systematically examined. It is unlikely
that this could be achieved without major increases in resources and the risk of delays in the marketing of
products, undermining competitivity. It would also undermine the principle that the burden of responsibility
for conformity assessment lies with the manufacturer.

The Commission considers that problems of non-conformity are best tackled through better information to
manufacturers and importers regarding their obligations and better market surveillance.

The requirements of the directives, including clarification of obligations on market surveillance, are set out in a
guide, to be published shortly. Market surveillance is the responsibility of the Member States which should
have the necessary powers to ensure the respect of the obligations of Community law, including the safety of
the consumer. The Commission is also committed to initiatives to improve market surveillance as announced
in the action plan for the single market (2). One such initiative is the programme of mutual visits between
Member States, currently under way, which is intended to identify weaknesses and promote improvements in
national market surveillance systems.

(1) Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards, OJ C 136, 4.6.1985.
(2) COM(97) 184 final.