CE Marking: What Products Do and Don’t Require The Mark?

by | Jul 27, 2023 | Authorised Representative, CE

CE Marking: What Products do and don't Require the Mark?

When you sell a product, it is important to show that it complies with all the relevant safety requirements in order for it to be in line with the law and to give the customer peace of mind when they are buying.

The CE mark has become the standard that we are used to seeing across Europe for many years, but what does it actually mean and does every product need it?

In this article, we take a look at the purposes of the CE mark. Typically, people expect that almost every product should carry it, but this is not necessarily the case, so we will examine what items need it, which ones do not and how you know which CE directives apply to you.

What products need CE marking?

CE marking is mandatory for products sold within the European Economic Area (EEA) that fall under specific EU directives. The primary point of the directives is to ensure compliance with health, safety and environmental requirements.

Examples of products that require CE marking include toys, machinery, electrical equipment, personal protective equipment (PPE) and medical devices.

There are around 20 categories of products which require a CE mark, including:

Common products that need CE marking:

  • Phone chargers
  • Candles
  • Furniture
  • Jewellery
  • Handmade toys
  • Bluetooth devices
  • Kitchen appliances
  • Smart home devices
  • Power banks
  • Pet products
  • E-bikes and e-scooters

Toys refer to any products intended for children under the age of 14 to be used in play; the directive will look at things such as the mechanical and physical properties, flammability, and the specification for the migration of certain elements. It can apply to wooden, electronic, plastic, and educational toys.

Most electronic devices will fall under a number of different directives, so you need to be clear about the details of each one. Many of the regulations centre around hazardous substances, low voltages, electromagnetic interference, and radio equipment. This includes products such as Bluetooth speakers, digital cameras, games consoles, printers, laptops, and many, many more.

Energy-related products will also cover a range of categories and can include anything from LED light strips and ventilation units to televisions and tumble driers.

Machinery is classed as either (a) a grouping of linked pieces or components with at least one moving part that contains or aims to include a drive system or (b) a group of connected items that are attached and move with the goal of lifting something with the use of applied human force. These could be industrial pieces of equipment, such as drill presses and ready-mix concrete trucks, or more domestic items like treadmills and rowing machines.

It is important to note that if you intend to sell in a country where CE marking applies and your products are not CE marked, they cannot be sold until they are tested, approved, certified and stamped.

What products do not need CE marking?

The following products do not require a CE mark and are exempt from any directives:

  • Chemicals
  • Pharmaceuticals
  • Cosmetics
  • Food & drink

Whilst these items do not require a CE mark, it is worth remembering that they are still likely to be subject to other types of national or EU legislation and you should make sure that you are aware of what these are.

In late December 2024, the General Product Safety Regulation came into force and this legislation covers the safety of all products. Whilst products may not require CE marking, they will be required to comply with the General Product Safety Regulations.

If no CE directive applies to your product, then the General Product Safety Directive might still be necessary, which does not display a mark but still requires products to be safe.

The world of CE marking can be a complicated one and will require research to find all the requirements that you need to satisfy to demonstrate that your product is compliant. You may find that it falls under one directive or even several and you will need to ensure that it complies with all the applicable regulations. There can be a lot of work involved in this, but it is worth it, not only to satisfy the law, but to show your customers that what you offer is both safe for them to use and is legally compliant.

Products not covered by CE directives

The following products are not required to have CE marking:

  • Prototype devices: If your product is in design, prototype or development phase and is not yet ready for the consumer market, it may not require CE marking
  • Personal use products: Electronic devices and products manufactured for personal use and not intended for the market typically do not need CE marking
  • Antiques: Items classified as antiques/arts do not need CE marking to go on sale
  • Custom machinery: Devices made solely for professional use on an extremely limited scale may be exempt from CE marking
  • Products already marked: Products can be regulated by other European conformity marks which can make them exempt from CE marking

Do handmade items require a CE mark?

If you produce handmade products, your products will still need to be CE marked and certified to ensure they are safe to be placed on the market. CE marking can be daunting and confusing, however, with the support of an Authorised Representative, this process can be stress-free and straightforward to ensure your products obtain the required CE mark.

What is a CE mark?

The CE Mark is a symbol used to show a products compliance with the latest legislation. The marking must be applied to products in order to be sold within the European market.

CE stands for ‘Conformite Europeene’ which is French for European Conformity. The mark was first introduced in 1985 and has been effective since 1993 across the European Union.

The CE mark is mandatory for products that fall under one of the European directives and means that the manufacturer takes responsibility for the products compliance with all European health, safety, environmental and performance standards.

The CE mark applies to products which are sold or put into service in the EU, the European Economic Area, and the European Free Trade Organisation, with the latter two including Iceland, Norway, and Liechtenstein, in total there are 27 member states which CE marking applies to. Since the UK has opted to leave the EU, it still recognises the CE mark but also has it’s own conformity mark, the UK Conformity Assessed (UKCA) as an alternative. On Tuesday 1st August 2023 it was confirmed that the CE mark has been extended indefinitely and will still be accepted after its originally expiry date where UKCA would come into full force.

There are a number of different directives which set out the product categories to which the CE mark applies. You will need to establish whether your product falls under any of these banners and then check the individual requirements of these directives as a result.

For some categories, an Authorised Representative will need to be involved in conformity assessment and testing to make sure that your product is in line with the regulations and standards that have been set out whilst, in other cases, you can perform the product assessment yourself. In both cases, you must have and retain all the necessary evidence that you are compliant.

The benefits of CE marking

CE marking has the following benefits for products once the applied mark has been applied:

  • Free movement: Products can move freely between European member states with no trade barriers
  • Protection: CE marking ensures a high standard of health, safety and environmental protection as the product has to comply with the detailed legislation
  • Market access: Acts as a passport for the whole European market, this enables easier access and distribution across the EU

Who is responsible for CE marking

The primary responsibility for CE marking lies with the manufacturer, if the manufacturer is located outside of the EU, the responsibility is passed on to the authorised representative.

Here is a breakdown of the responsibilities for each party:

  • Manufacturer: legally accountable for accessing conformity, compiling the technical file and signing the DoC as well as affixing the CE mark to the product
  • Authorised Representative: Must act on behalf of the manufacturer with their best interests in mind. Must maintain the technical documentation for authorities
  • Importers: Must ensure that the manufacturer has completed all necessary assessments, the CE mark is visible and the product has the relevant contact information
  • Distributors: Required to act with due care and verify that the product bears the CE mark and is accompanied by the required documentation

How is the CE mark affixed to products?

The CE mark can normally be found somewhere on a product or its packaging to show that it is compliant with EU safety regulations, and it can apply to everything from toys to phone chargers. There are many products for which it is a legal requirement, and such items cannot be sold without it.

When applying the CE mark on your products, it must be visible, legible and indelible. The mark must consist of the initials ‘CE’ and both letters should have the same vertical dimension and also be no smaller than 5mm, unless previously specified. If you enlarge the CE mark on your product, the letters must remain in proportion to each other. Additionally, the CE mark must be visible whether placed on the product or packaging, if it is not visible then your product does not comply with the legislation.

When you place the CE marking on your product, you are declaring that your product meets all legal requirements, so it should not be taken lightly. Authorities can check that products are using the CE mark correctly and each member state will enforce this in different ways. You will need to present any certificates and technical documentation to relevant authorities when requested to do so.

If the CE mark cannot be affixed to the product itself then you can affix it to the product’s packaging or any accompanying documentation such as instructions and user guides.

In the UK, bodies such as Trading Standards Services, the Health and Safety Executive, the Medicines and Healthcare product Regulatory Agency and the National Measurement Office are all responsible for CE and UKCA marking enforcement.

If it is found that your product does not meet the CE marking requirements, then you will usually be given an opportunity to bring your product up to compliance. However, you could be asked to remove your product from sale, be liable for hefty fines and even, in some cases, suffer a prison sentence.

When does CE Marking become mandatory?

CE Marking is only mandatory for products for which EU specifications exist and require the affixing of the CE mark on the product, this is to show its conformity with the regulations.

Certain products are subject to several EU requirements at the same time as it can cover multiple directives. You must ensure that your product complies with all relevant directives before affixing the CE mark. It is forbidden and punishable to affix the CE mark without meeting the specific EU regulations.

In the UK, the UKCA mark had been planned to replace the CE mark. However, in August 2023 this was reversed. It was confirmed that the CE mark would be accepted indefinitely in the UK, with the UKCA mark becoming optional. Products can still be affixed with both the CE and UKCA mark.

Does CE marking have a validity period?

Currently, there is no period of validity for the CE mark. However the declaration of conformity that is required for the CE mark must be kept up to date as this can become invalid.

For imported products, the importer must ensure that the product is accompanied by the declaration of conformity and this document must be held for 10 years after the product was initially placed on the market.

The risk of selling products without a CE mark

Selling products without a CE mark when it is a legal requirement poses many sever consequences. You risk product withdrawal, import bans, substantial financial penalties and possibly criminal liability.

Additionally, if your unmarked product causes harm, your business may be liable for any costs and damages.

What are the European directives?

The following directives require CE marking to be affixed on all products:

Who are the 27 European member states?

The 27 EU member states are as follows:

  • Austria – Member since 1 January 1995
  • Belgium – Member since 1 January 1958
  • Bulgaria – Member since 1 January 2007
  • Croatia – Member since 1 July 2013
  • Cyprus – Member since 1 May 2004
  • Czech Republic – Member since 1 May 2004
  • Denmark – Member since 1 January 1973
  • Estonia – Member since 1 May 2004
  • Finland – Member since 1 January 1995
  • France – Member since 1 January 1958
  • Germany – Member since 1 January 1958
  • Greece – Member since 1 January 1981
  • Hungary – Member since 1 May 2004
  • Ireland – Member since 1 January 1973
  • Italy – Member since 1 January 1958
  • Latvia – Member since 1 May 2004
  • Lithuania – Member since 1 May 2004
  • Luxembourg – Member since 1 January 1958
  • Malta – Member since 1 May 2004
  • Netherlands – Member since 1 January 1958
  • Poland – Member since 1 May 2004
  • Portugal – Member since 1 January 1986
  • Romania – Member since 1 January 2007
  • Slovakia – Member since 1 May 2004
  • Slovenia – Member since 1 May 2004
  • Spain – Member since 1 January 1986
  • Sweden – Member since 1 January 1995

There are also four members of the European Free Trade Association (EFTA)

Current members include:

  • Iceland – Member since 1 January 1970
  • Liechtenstein – Member since 1 September 1991
  • Norway – Member since 3 May 1960
  • Switzerland – Member since 3 May 1960

Former members include:

  • Austria – Left 31 December 1994
  • Denmark – Left 31 December 1972
  • Finland – Left 31 December 1994
  • Portugal – Left 31 December 1985
  • Sweden – Left 31 December 1994
  • UK – Left 31 December 1972

Contact our team

If you think that an Authorised Representative could help your business, then contact us today to find out more. Our experts are on hand to determine the documentation that you need and the timelines you can expect to be working within to make the process as straight forward as possible.