CELEX: 51992PC0499(02)
Language: en
Date: 1992-12-07
Title: Proposal for a Council Decision amending Decision 90/683/EEC concerning the modules for the various phases of the conformity assessment procedures, supplementing it with provisions relating to the arrangements for affixing and using the CE conformity marking

2 . 2 . 93                                   Official Journal of the European Communities                                      No C 28 / 35
                 Proposal for a Council Decision amending Decision 90 / 683 / EEC concerning the modules for the
                 various phases of the conformity assessment procedures, supplementing it with provisions relating
                                to the arrangements for affixing and using the CE conformity marking .
                                                              ( 93 / C 28 / 03 )
                                                   COM(92 ) 499 final — SYN 336 B
                 (Submitted by the Commission on 7 December 1992 pursuant to Article 149 (3) of the EEC
                                                                   Treaty)
                               Article 1                                       and in accordance with the criteria set out in this
                                                                               Decision and in the general guidelines in the Annex .
The         following        recitals    are     inserted     into             These procedures may only depart from the modules
Decision 90 / 683 / EEC ('):                                                   when the specific circumstances of a particular sector
                                                                               or directive so warrant . Such departures from the
    'Whereas in its Resolution of 21 December 1989 on a                        modules must be limited in extent and must be
    global approach to conformity assessment                   the             explicitly justified in the relevant directive .
    Council approved as a guiding principle the adoption                       2.      This Decision lays down rules for affixing the CE
    of common rules on the use of the CE marking ;                             conformity marking provided for in Community
                                                                               legislation concerning the design , manufacture , placing
    Whereas       in  its    Decision  of   13  December     1990
                                                                               on the market , entry into service or use of industrial
    concerning the modules for the various phases of the                       products .
    conformity assessment procedures which are intended
    to be used in the technical harmonization Directives                       3.      The Commission will report periodically on the
    ( 90 / 683 / EEC ) ( 2 ) the Council laid down that the                    functioning of this Decision , and on whether
    industrial products covered by the said directives can                     conformity assessment procedures are working
    be placed on the market only after the manufacturer                        satisfactorily or need to be modified .'.
    has affixed the CE marking to them ;
                                                                                                        Article 3
    Whereas a single CE marking should be used in order
    to facilitate controls on the Community market by                      The Annex is amended as follows :
    inspectors and to clarify the obligations of economic
                                                                           1 . The title of the general guidelines is amended to read
    operators in respect of marking under the various                            as follows :
    Community regulations ;
                                                                                 'CONFORMITY ASSESSMENT PROCEDURES IN THE
    Whereas the aim of the CE marking is to symbolize the                        TECHNICAL HARMONIZATION DIRECTIVES AND CE
                                                                                 MARKING'
    conformity of a product with the levels of protection of
    collective interests imposed by the total harmonization                      I.  GENERAL GUIDELINES
    directives and to indicate that the economic operator
    has undergone all the evaluation procedures laid down                            A. The principal guidelines for the use of
    by Community law in respect of his product .';                                       conformity assessment procedures in technical
                                                                                         harmonization directives are the following :
          OJ No C 10 , 16 . 1 . 1990 , p . 1 .                                           ( a ) Text unchanged
    ( 2 ) OJ No L 380 , 31 . 12 . 1990 , p . 13 .
                                                                                         (b)
                                                                                         (c)
                               Article 2
The sole Article is amended to read as follows :
                                                                                         (n)
    'Sole Article                                                          2 . The following provisions are inserted into the general
                                                                                 guidelines contained in the Annex :
    1.      The procedures for conformity assessment which
    are to be used in the technical harmonization Directives                         'B. The principal guidelines for the affixing and
                                                                                         use of the CE marking are the following :
    relating to the marketing of industrial products will be
    chosen from among the modules listed in the Annex                                     ( a ) The CE marking symbolizes conformity
                                                                                                with all the obligations incumbent on
(•) OJ No L 380 , 31 . 12 . 1990 , p . 13 .                                                     manufactures concerning the product by
 ---pagebreak--- No C 28 / 36                               Official Journal of the European Communities                                      2 . 2 . 93
                  virtue of the Community              directives                         nature of the product , the CE
                  providing for its affixing .                                            marking shall be affixed to the
                                                                                          packaging, if any , and to the
                  Thus , such conformity is not limited                                   accompanying documents where the
                  to the essential requirements relating                                  directive concerned provides for such
                  to safety , public health , consumer                                    documents .
                  protection , etc ., as certain directives may
                  impose specific obligations not necessarily                         4 . The CE marking shall be affixed
                  forming       part     of     the     essential                         visibly , legibly and indelibly .
                  requirements .                                                 e   Any industrial product covered by the
            ( b ) The CE marking affixed to industrial                               directives following the global approach
                  products symbolizes the fact that the                              must bear the CE marking , save where
                  natural or legal person having affixed or                          the specific Directives provide otherwise ;
                  been responsible for the affixing of the                           such       exceptions      shall     constitute
                  said marking has verified that the product                         derogations not from the marking
                  conforms to all the Community total                                requirement but from the administrative
                  harmonization provisions which apply                               procedures for conformity evaluation ,
                  to it and has been the subject of                                  which may in certain cases be considered
                  the appropriate conformity evaluation                              too cumbersome . Appropriate grounds
                  procedures .                                                       must accordingly be given for any
                                                                                     exception to or derogation from the
           ( c ) Where the industrial products are subject                           marking requirement .
                  to other Directives concerning other
                  aspects and which also provide for the
                                                                               ( f)  The CE marking shall be affixed at the
                  affixing of the CE marking , the latter                            end of the production control phase .
                  shall indicate that the products also fulfil                 ( g) The CE conformity marking shall be
                  the provisions of those other Directives .                         followed by the identification number of
                  However, should one or more of these                               the notified body within the meaning of
                                                                                     Decision    90 / 683 / EEC   where     the   said
                  Directives allow the manufacturer , during
                  a transitional period , to choose which                            body is involved in the production control
                  arrangements to apply , the CE marking                             phase within the meaning of that
                                                                                     Decision .
                  shall indicate that the products fulfil the
                  provisions only of those Directives applied                        Such    identification   numbers       shall    be
                  by the manufacturer .                                              assigned by the Commission as part of
                  In this case , the particulars of these                            the body notification procedure . The
                  Directives , as published in the Official                          Commission shall publish lists of the
                  Journal of the European Communities,                               notified bodies in the Official Journal of
                  must be given in the documents , notices                           the European Communities; such lists
                  or     instructions     accompanying        the                    shall be kept up to date .
                  products or, where appropriate , on the                            A notified body shall be assigned the same
                  data plate .                                                       number when it is notified under several
                                                                                     Directives . The Commission shall ensure
           ( d ) 1 . The CE conformity marking shall
                                                                                     that each notified body receives a single
                      consist of the initials "CE " taking the                       identification number , however many
                      following form :                                               Directives it is notified under .
                                                                               ( h ) It is necessary to lay down provisions
                                                                                     concerning the use of certain products . In
                                                                                     this case , the CE marking and the
                                                                                     identification number of the notified body
                                                                                     may be followed by a pictogram or any
                                                                                     other mark indicating, for example , the
                      If the marking is reduced or enlarged                          category of use .
                      the proportions given in the above                       (i)   The affixing of any other mark, sign or
                      graduated        drawing      must       be                    indication liable to cause confusion with
                      respected .                                                    the CE marking as regards either its
                  2.  Where the Directive concerned does                             significance or its appearance shall be
                      not impose specific dimensions , the                           prohibited .
                      CE marking must have a height of at                      (i)   A product may bear different marks , for
                      least 5 mm .
                                                                                     example marks indicating conformity
                  3.  The CE marking shall be affixed to                             with national or European standards or
                      the product or to its data plate.                              with traditional optional directives ,
                      However , where this is not possible or                        provided such marks are not liable to
                      not   warranted     on   account   of the                      cause confusion with the CE marking .
 ---pagebreak--- 2 . 2 . 93                                 Official Journal of the European Communities                              No C 28 / 37
                   Such marks may therefore only be affixed              — In module Aa the last sentences of the first and
                   to the product , its packaging or the                     second tables are amended to read as follows :
                   documentation accompanying the product                    'On the responsibility of the notified body , the
                   on condition that the legibility and                      manufacturer shall affix the former's identification
                   visibility of the CE marking are not                      number during the manufacturing process .';
                   thereby reduced .
                                                                         — In module C the last sentence of point 1 is
                   Anyone holding a trade mark registered in                 amended to read as follows :
                   a Member State before 30 June 1989 and
                   actually which is likely to be confused                   'The manufacturer or his authorized representative
                   with the "CE" marking may continue to                     established within the Community shall affix the
                   use that mark for a period of 10 years                    EC marking to each product and draw up a
                   from the date of adoption of this text .                  written declaration of conformity .';
                                                                         — In module C the last sentences of the first and
              ( k) The CE marking shall be affixed by the
                                                                             second tables are amended to read as follows :
                   manufacturer or his agent established
                   within the Community . In exceptional ,                   'On the responsibility of the notified body , the
                   duly warranted cases , the specific                       manufacturer shall affix the former's identification
                   Directives may provide that the EC                       number during the manufacturing process .';
                   marking can be affixed by the person
                   responsible for placing the product on the            — In module D the last two sentences of point 1 are
                                                                             amended to read as follows :
                   Community market .
                   The identification number of the notified                'The manufacturer or his authorized representative
                   body shall be affixed under its                          established within the Community shall affix the
                   responsibility either by the body itself or              EC marking to each product and draw up a
                   by the manufacturer or his agent                         written declaration of conformity . The CE
                   established within the Community .                       marking shall be accompanied by the identification
                                                                            number of the notified body responsible for EC
              (1)  Member States must take all provisions of                monitoring as specified in point 4 .';
                   national law necessary to prohibit any                — In module E the last two sentences of point 1 are
                   possibility of confusion and to prevent                  amended to read as follows :
                   abuse of the CE marking.
                                                                            'The manufacturer or his authorized representative
                   Without prejudice to the provisions                      established within the Community shall affix the
                   relating to the application of the                       EC marking to each product and draw up a
                   safeguard clause in the Directive                        written declaration of conformity . The CE
                   concerned ,   where     a   Member      State            marking shall be accompanied by the identification
                   establishes that the CE marking has been                 number of the notified body responsible for
                   affixed unduly , the manufacturer , his                  surveillance as specified in point 4 .';
                   agent or , exceptionally , where the specific
                   Directives so provide , the person                    — In module F the last sentence of point 2 is amended
                   responsible for placing the product in                   to read as follows :
                   question on the Community market shall                   'The manufacturer or his authorized representative
                   be obliged to make the product comply                    established within the Community shall affix the
                   and to end the infringement under                        EC marking to each product and draw up a
                   conditions imposed by the Member State .                 written declaration of conformity .';
                   Where non-compliance continues , the
                   Member State must take all appropriate                — In module F point 4.2 is amended to read as
                   measures to restrict or prohibit the                     follows :
                   placing on the market of the product in                  '4.2 The notified body shall affix or cause to be
                   question or to ensure that it is withdrawn                     affixed   its   identification number to   each
                   from the market .';                                            approved product and draw up a written
                                                                                  certificate of conformity relating to the tests
3 . The modules for conformity assessment are amended                             carried out .';
     as follows :
                                                                         — In module F the last subparagraph of point 5.4 is
     Throughout the text 'CE mark' is replaced by 'CE                       amended to read as follows :
     marking'.                                                              'The manufacturer may , under the responsibility of
                                                                            the notified body , affix the latter's identification
     — In module A the last sentence of point 1 is
         amended to read as follows :
                                                                            number during the manufacturing process .';
                                                                         — In module G the last sentence of point 1 is
         'The manufacturer or his authorized representative                 amended to read as follows :
         established within the Community shall affix the
         EC marking to each product and draw up a                           'The manufacturer or his authorized representative
         written declaration of conformity .';                              established within the Community shall affix the
 ---pagebreak--- No C 28 / 38                           Official Journal of the European Communities                               2 . 2 . 93
      EC marking to the product and draw up a                        — In module H the last two sentences of point 1 are
      declaration of conformity .';                                     amended to read as follows :
   — In module G the second subparagraph of point 2 is                  'The manufacturer or his authorized representative
      amended to read as follows :                                      established within the Community shall affix the
                                                                        EC marking to each product and draw up a
      'The notified body shall affix, or cause to be                    written declaration of conformity . The CE
      affixed , its identification number on the approved               marking shall be accompanied by the identification
      product and shall draw up a certificate of                        number of the notified body responsible for the
      conformity concerning the tests carried out .';                   surveillance as specified in point 4 .'.