As consumers we often come across products that have the CE Mark symbol and we also often wonder what this symbol means. We wonder if it is a guarantee that the product we are about to purchase is safe or if it means that the product has been produced in the European Union? Or does it mean that the product was exported from China?

The answer to all these questions is NO. The CE Mark is a declaration that all essential requirements of the applicable European Directive(s) have been met when the product was manufactured. Therefore the CE Mark does not indicate where the product was manufactured but that it meets all the legal requirements to be placed on the European market.

The CE Mark is also not a guarantee of quality or that the product has been approved as safe by the European Union or any other authority such as the Technical Regulations Division within the Malta Competition and Consumer Affairs Authority, which is the local authority responsible to ensure that only safe products are placed on the market. Unfortunately the CE mark is one of the most misused and counterfeited marks in the world therefore adequate market surveillance is crucial in order to ensure that only compliant products are found on the market. When a CE Mark is affixed to a product, the manufacturer assumes the full responsibility of the product’s conformity to the applicable EU legislation.

The manufacturer or person responsible of placing a product on the European market must first of all determine if the product he produces or imports needs to be CE marked and this must be done before the product is placed on the market. Products which are obligatory by law to be CE Marked cannot be placed on the European market without this mark. The types of products that need to be CE Marked include amongst others: toys, electric appliances, electrical products, gas appliances, lifts and machinery, measuring instruments, construction products, medical devices, personal protective equipment, and others.

If a product must be CE Marked the next responsibility of the manufacturer is to see which European directive applies and what are the essential requirements for design and manufacturing in the applicable directive(s). It is also the responsibility of the manufacturer or his authorised representative to prepare and keep a technical file on the product. This file should hold information that verifies that the testing was conducted properly and that the product complies with the applicable standards. This technical file should be presented upon request to the relevant authorities.

There are specific rules on how the CE Mark should be affixed on products. The mark should be applied to the product or to the product’s data plate and should be visible, legible and indelible. When it is not possible to put the CE Mark on the product due to the nature of the product, then it is sufficient to affix the CE Mark to the packaging and/or to any accompanying documents. Such instances where the CE mark cannot be affixed to the product are in the case of the product being too small, or if a product is sold in bulk, such as in the case of aggregate used in construction.

In Malta, the Technical Regulations Division within the Malta Competition and Consumer Affairs Authority, carries out ad hoc inspections to ensure that products which are supposed to have a CE Mark are accordingly marked and also to detect any dangerous products that may have been placed on the market. This Division also investigates reports on products which even though they may be CE Marked may still be suspected as dangerous. Consumers are to report products of which they have a doubt whether they are safe on tel. no. 2395-2000 or by filling the complaints form found on http://www.msa.org.mt/marketsurveillance/contacts.html.

This article is intended for information purposes only. Any legal claim or action taken in the event of a dispute should be based solely on the legal texts concerned.

Important points

to keep in mind

The CE mark means that the product meets all the legal requirements to be placed on the European market.

The CE mark is not a guarantee of quality or that the product has been approved as safe.

The CE mark should be affixed on the product or to its data plate and it should be visible, legible and indelible.

The Standards and Metrology Institute within the Malta Competition and Consumer Affairs Authority carries out ad hoc inspections to ensure that products which are supposed to have a CE mark are accordingly marked.

Unsafe products may be reported to the Standards and Metrology Institute on tel. no. 2395-2000.

Ms. Odette Vella Senior Information Officer Office for Consumer Affairs Malta Competition and Consumer Affairs Authority