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Health and Safety Executive Health and Safety Executive 1 EUROSHNET 4th European Conference 26–28 June 2012 Helsinki (Espoo), Finland CE marking, certification marks, labels: confusion or help for the stakeholders? CE marking from the point of view of a market surveillance authority Phil Papard, HSE (UK) and Machinery ADCO

Health and Safety Executive Health and Safety Executive 1 EUROSHNET 4th European Conference 2628 June 2012 Helsinki (Espoo), Finland CE marking, certification

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3 What effect does this “presumption of conformity” have:  If authorities what to take action they have to show:  The product does not meet a relevant Directive, or  If built to a harmonised Standard listed in the OJ, that it does not meet this Standard, or  If it meets the Standard, that this is defective  If it follows the Standard route we can’t ask for anything more or different to the Standard for both enforcement of Supply and of Use (2009/104/EC) CE marking from the point of view of a market surveillance authority

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Page 1: Health and Safety Executive Health and Safety Executive 1 EUROSHNET 4th European Conference 2628 June 2012 Helsinki (Espoo), Finland CE marking, certification

Health and Safety Executive

Health and Safety Executive

1

EUROSHNET 4th European Conference26–28 June 2012

Helsinki (Espoo), Finland

CE marking, certification marks, labels: confusion or help for the stakeholders?

CE marking from the point of view of a market surveillance authority

Phil Papard, HSE (UK) and Machinery ADCO

Page 2: Health and Safety Executive Health and Safety Executive 1 EUROSHNET 4th European Conference 2628 June 2012 Helsinki (Espoo), Finland CE marking, certification

2

What does the CE mark mean? Product is high quality? Product is safe? Chinese Export? Has been approved by Member State? Product meets the Essential

Requirements of ALL the relevant Directives?

CE marked product is “presumed” to comply with EU legislation?

CE marking from the point of view of a market surveillance authority

Page 3: Health and Safety Executive Health and Safety Executive 1 EUROSHNET 4th European Conference 2628 June 2012 Helsinki (Espoo), Finland CE marking, certification

3

What effect does this “presumption of conformity” have:

If authorities what to take action they have to show: The product does not meet a relevant Directive,

or If built to a harmonised Standard listed in the

OJ, that it does not meet this Standard, or If it meets the Standard, that this is defective

If it follows the Standard route we can’t ask for anything more or different to the Standard for both enforcement of Supply and of Use (2009/104/EC)

CE marking from the point of view of a market surveillance authority

Page 4: Health and Safety Executive Health and Safety Executive 1 EUROSHNET 4th European Conference 2628 June 2012 Helsinki (Espoo), Finland CE marking, certification

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It is vital for CE mark to be understood, respected and that Standards really meet the State of the Art

If Authorities take action against a CE marked product then a Safeguard Action is required – can be costly, but critically it can take the Commission years to decide if the action was correct!

Big risk for industry and Authority if answer is NO! For the CE mark to be credible we need good up to

date Standards and a quick Safeguard Action system so unsafe and non-conformant CE marked products are removed from the EU market

CE marking from the point of view of a market surveillance authority