- Jan 31, 2020
- Cologne, Germany
I have not made any accusations at all, just quoting current CE regulations.Who issued this certificate Roland68? Can you tell me what country that on the face of this document, certified the product is based on? Do you have a case citation or case that states what you are saying is true that, quote, "This is misleading and forbidden. "Certificate of Compliance" is roughly equivalent to "ISO"."? What is it that you are trying to say here, that using the term "certificate" is misleading? Are you stating that BST is committing fraud by issuing this certificate, because that is a serious allegation? How do you define qualified representative? (Please reference the legal definition of this you are referring to.) If you're making such serious allegations please supply us this information.
Please just look at the EU regulations for this, or at a simplified summary.
The fact is, there is only one "CE declaration of conformity".
Excerpt from the official regulations: "There is no body that may or can issue a CE mark. The legislators expressly state that the CE mark is the responsibility of the manufacturer or his authorized representative (must be based in the EU) Alternatively, the importer into the EU or the distributor is responsible for everything."
This is exactly why there can be no certificate at all, least of all from an external body.
And just as an example, it has been expressly forbidden by the courts to use the term CE-approved for a device or for advertising! In the event of an infringement, the penalty is € 250,000.
Here is an excerpt from the testimony of the court:
Therefore a "CE-approved" is not permitted
The following is the original summary of the verdict.
The central statements of the court correspond to the legal opinions already expressed in similar cases. These are summarized as follows:
The CE mark is not a test mark in the true sense. The CE mark is merely a manufacturer's declaration. The manufacturer thus shows that he assumes responsibility for the conformity of his product with all European standard requirements for safety and health protection that apply to the product.
The affixing of the CE marking is legally obligatory. The presence of the CE mark is therefore not misleading, not even under the aspect of "advertising with a matter of course".
However, any other advertising statement beyond the affixing of the CE mark is not permitted. Because this can deceive the consumer by suggesting that the CE mark is a special quality feature.
This deception of consumers occurs in particular because the CE mark in particular is largely unknown to the general public and can therefore easily be misunderstood as an actual seal of quality.
Conclusion: The CE mark is not a test seal and not a test certificate. Therefore, it must not be used in any way that could create such an impression on the consumer. Because the CE marking is not intended to serve commercial interests and to promote the sale of a product.
Addendum: Please apply the conclusion of the court judgment to the BST certificate, what will be the result?
Incidentally, the verdict is final and only confirms what has been in the CE regulations of the EU for years. It contains no innovations.