The CE marking indicates that a product corresponds to the requirements of a community imposed on the manufacturer.
- With CE marking of a product the person in charge declares that
- the product corresponds to all applied community rules
- that the appropriate conformity assessment procedure were implemented
The CE Declaration of Conformity authenticates the conformity with all obligations of the manufacturer relating to the product based on the community rules for which an attachment is designed. With the attachment to a product the natural person or corporate entity, which has compelled the attachment of the CE declaration of conformity, that the product corresponds to all applicable regulations and that it has undergone all required conformity assessment procedures. Therefore the member states are not allowed to restrict the placing on the market of products with CE marking or the commissioning thereof unless sanctions are justified because the product is provably non-compliant.
The guidelines allowing for the attachment of a CE marking are mainly drafted after the new concept and the overall concept. This is, however, not relevant for the attachment of a CE marking by itself. The CE marking can be introduced into the legislation of a community as a legally valid marking of conformity if:
- o the process of complete harmonization is adopted, that is all deviant national legislation which cover the same public concerns are prohibited and
- o the guideline provides conformity assessment procedure according to the order 93/465/EWG of the council
Generally all guidelines include the attachment of the CE marking according to the new concept. In peculiarly justified cases a guideline concerning the complete harmonization, which follows the order 93/465/EWG, can provide a marking deviant from the CE marking.
Since all products which follow the guidelines of the new concept have a CE marking it does not serve for commercial purposes. Nor is it an original sign as it does not indicate that the product has been produced in the community.