Beware the FAKE "CE" mark

[sergeauckland]

No, you're not, but Audio GD is, because they sell it to you. By shipping it to you, they put it on the market.


Well, maybe they don't, but they're supposed to, and I know that German customs do care.


The regulation demands an "indelible" affixation, whatever that means. In the end, nothing is really "indelible", so probably a very sticky label that you can't easily remove might be accepted; a label that you can pull off in five seconds probably not.

Debatable, as it may depend on the legal nature of the contract. If it's legally an ex-works or FOB contract, then by shipping it, they're merely acting as the customer's agent. If it's a CIF contract, then possibly you're right. Either way, it would have to be determined by a Court, and Customs, certainly in the UK, they don't get involved in trivial individual imports. Customs here tend to be complaints or intelligence driven, being much more concerned about drugs or illegal materials such as guns or large shipments of fakes. When I was importing professional equipment, I don't ever remember being asked about whether there was valid CE certification.

S

 

[1audio]

In my experience the CE enforcement is done mostly by other mfr's complaining. The importer is the person on the hook, as the EU responsible party. If its a personal import (eBay or alibaba) the importer (you) will be on the hook. And when you get electrocuted your heirs can sue your estate.

UL and probably TUV marks are no guarantee of authenticity. An unsettling story I heard; a UL guy going through a China trade show and looking at products. A fuse vendor had UL marked fuses. The UL guy knew he was not in the UL system. He asked why the marks were there. The answer; our customers want them. . .

I was sent a catalog for knock off headphones. They had knockoffs of almost every high volume headphone, in 3 quality levels! I'm convinced the tool makers in China make two sets, one for the legit channel and one for the knock off channel. I'm not sure they have a choice since the China govt. is very involved with every large volume producer, often with better records than the mfr's.

 

[SIY]

In my experience the CE enforcement is done mostly by other mfr's complaining. The importer is the person on the hook, as the EU responsible party. If its a personal import (eBay or alibaba) the importer (you) will be on the hook. And when you get electrocuted your heirs can sue your estate.

UL and probably TUV marks are no guarantee of authenticity. An unsettling story I heard; a UL guy going through a China trade show and looking at products. A fuse vendor had UL marked fuses. The UL guy knew he was not in the UL system. He asked why the marks were there. The answer; our customers want them. . .

I was sent a catalog for knock off headphones. They had knockoffs of almost every high volume headphone, in 3 quality levels! I'm convinced the tool makers in China make two sets, one for the legit channel and one for the knock off channel. I'm not sure they have a choice since the China govt. is very involved with every large volume producer, often with better records than the mfr's.

Is this Demian? If so, delighted you’re posting here. @amirm please note.

 

[1audio]

Yes its me. I felt I had to contribute to this discussion on the legitimacy of safety marks.

 

[Habu]

Hello from France,

http://www.europarl.europa.eu/sides/getDoc.do?type=WQ&reference=P-2007-5938&language=EN

Parliamentary questions
27 November 2007

P-5938/07​

WRITTEN QUESTION by Zuzana Roithová (PPE‑DE) to the Commission

Subject: China Export (CE) mark feeding off the reputation of the European Conformité européenne (CE) mark

Answer(s) ​

At a time when the European Parliament is endeavouring to broaden the scope and increase the effectiveness of the CE mark (which was not originally aimed at consumers, although it now provides assurance concerning product safety and enables goods from non-EU countries to be identified), a visually identical mark has come to light.
1. Is the Commission aware of the existence of the China Export (CE) mark, which just happens to take the form of a symbol consisting of the stylised letters CE and is thus identical to the European Conformité européenne (CE) mark (except for the fact that in the case of the Chinese mark the letters are closer together)?
2. Is the Commission also aware that products bearing the Chinese mark are to be found within the EU, which means that the Chinese mark is feeding off the European CE mark's reputation?
3. What action can the Commission take in order to prevent the European CE mark from being misused in such a way?
4. What sanctions will the Commission bring to bear in this matter?
5. Will the Commission embark forthwith on negotiations with China over the cessation of such practices, i.e. an immediate halt to the use of the China Export mark, which is identical to the Conformité européenne mark?
The European CE mark is not registered for the protection of intellectual property.
6. Will the Commission consider carefully whether registration of the European CE mark as the Community's trademark would not make it easier for counterfeiting to be detected?

 

[Habu]

And the answer,

http://www.europarl.europa.eu/sides/getAllAnswers.do?reference=P-2007-5938&language=EN

Parliamentary questions
9 January 2008

P-5938/2007​

Answer given by Mr Verheugen on behalf of the Commission

The Commission is aware that there exists the misconception attributing CE marking the meaning ‘Chinese export’. The Commission is not aware of the existence of a ‘China export mark’ but considers that the mark the Honourable Member refers to constitute the CE marking as foreseen in the European legislation without, however, respecting the dimensions and proportions prescribed therein.
The Commission is aware that CE marking, like any other mark, is misused, e.g. CE marking is affixed to products which do not fulfil the requirements and conditions for its affixing or it is affixed to products for which the affixing is not foreseen. There are also cases where, whilst the product is in compliance with the applicable requirements the CE marking itself does not respect the formal requirements, namely the form of the CE marking or the dimensions and proportions prescribed in the legislation.
The Commission considers market surveillance to be the crucial element to prevent CE marking from being misused. According to the principle of subsidiarity market surveillance is primarily a task of the Member States. Products bearing CE marking although they do not comply with the applicable requirements must be identified by the national competent authorities and subsequently be withdrawn from the market.
As market surveillance does not work on a uniform level throughout the EU the Commission deems it necessary to establish a comprehensive Community legislative framework in order to ensure coherent market surveillance. The Commission, therefore, proposed a draft Regulation setting out the requirements for market surveillance relating to the marketing of products(1). This draft Regulation aims at strengthening market surveillance for industrial products and making it more effective and more efficient in all Member States, consumer goods already being covered by the General Product Safety Directive(2). The proposal sets out minimum requirements in terms of resources and surveillance activities and establishes cooperation and information obligations between authorities, both on a national level and across borders. Furthermore, it will establish an obligation for Member States to execute appropriate checks on the characteristics of a product on an adequate scale before it is released for free circulation. In addition it will introduce the possibility for national authorities to destroy non-compliant products. It also provides for the legal basis for Member States to impose sanctions in the case of misuse which should serve as a deterrent. However, it is up to Member States to actually use this power.
The Commission is in constant discussion with Chinese authorities in order to ensure that Chinese exporters respect Community legislation.
The Commission has already initiated the procedure to register CE marking as a Community collective trademark. National market surveillance authorities will have an additional means to take legal action against manufacturers providing non-compliant products and misusing CE marking. In addition, economic operators/competitors will be entitled to bring proceedings for infringement and to claim for compensation.

(1)COM(2007)37 final.
(2)Directive 2001/95/EC of the Parliament and of the Council of 3 December 2001 on general product safety, OJ L 11, 15.1.2002.

OJ C 191, 29/07/2008