NIST SP 951
A Guide to EU Standards and Conformity Assessment

National Marks

New Approach Directives requiring CE marking were intended to replace national law product requirements and multiple national safety markings.

Market forces, however, may still continue to drive manufacturers to use national markings in addition to CE marking. In addition, manufacturers may encounter national testing houses that promote their own "marks" to be used in addition to CE marking.

Member States may not maintain or introduce new markings that will denote compliance with requirements of the New Approach Directives. The CE marking is the only marking which implies conformity of a product to New Approach Directives. A product may bear other markings provided they do not reduce the visibility or legibility or create confusion with respect to CE marking.

Surveillance Authorities

Member State Authorities, appointed for the purpose of market surveillance, are responsible for the enforcement of the New Approach Directives. The purpose of market surveillance is to ensure that the provisions of the directives are complied with throughout the European Union.

These public authorities can be the Department of Health, Department of Industry, Department of Labor, or other established inspection authorities of a Member State.

In case of an incident or random check, the surveillance authority may require access to the manufacturer's Declaration of Conformity and Technical File. The manufacturer, his authorized representative or importer, must be able to provide the Technical File within seven to ten days as of the date of request by the surveillance authority. If the product is found to be non-compliant, corrective action will depend on and be appropriate to the level of non-compliance.

The surveillance authority will hold the person responsible for affixing the CE marking to a non-compliant product accountable. Others who are responsible for the non-compliance of the product will be held accountable as well. Penalties, which may include imprisonment, are determined by National law.

Surveillance authorities monitor products placed on the market as follows. They will: visit commercial, industrial and storage premises on a regular basis; visit work places and other premises where products are put into service and used; organize random checks; take samples of products and subject them to examination and testing; and require all necessary information.

 

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Technology Services, Standards Services Division, Global Standards and Information Group Contact: maureen.breitenberg@nist.gov A Guide to EU Standards and Conformity Assessment, NIST SP 951

Date Created: 05/31/00 Last Modified: 05/31/00