CE Marking

Basis of CE Marking

The Product Safety Act (ProdSG) is, among other things, the basis for regulations on CE marking. Section 7 of the ProdSG stipulates that CE marking may only be applied if expressly provided for in a regulation pursuant to Section 8 of the ProdSG.

Conversely, a product may not be affixed with a CE marking if this is not permitted for products of this type by a regulation pursuant to Section 8 of the ProdSG.

This system implies that one may not advertise with the CE marking – regardless of whether the product must bear the marking or not. This is because applying the CE marking represents a legal obligation. Advertising with the marking would then be advertising with self-evident facts – and this is not permissible.

Sometimes it is not easy to recognize whether a specific regulation applies. Legal advice can help in such cases.

Under very specific circumstances, the necessity of CE marking for certain products can be influenced by the declaration for specific areas of application or groups of people. For example, if the Toy Safety Directive applies, products are subject to CE marking which, in the case of use for age groups other than children, may not be subject to CE marking. In such cases, one should consciously choose and define the areas of application, especially if one intends to apply a CE marking.

In cooperation with competent engineers, we support companies in fulfilling the obligations for conformity assessment as well as creating the prerequisites for proper CE marking.

Often, the implementation of a quality management system will be necessary. Ultimately, this promotes the quality of the products and can thus lead to additional market success.