CE Mark — Right or Obligation?

What is a totalitarian regime? It is a regime in which everything that is not prohibited is mandatory.

The CE mark is much alike. Every product introduced to the European market that falls under the „conformity assessment system” and no other, must have the CE mark. This means machinery must have it, but (e. g.) partly completed machinery must not. This situation has its advantages: for example, if there was an European Language Dictionary, one could add the entry „machinery” defined as „mechanical equipment with a CE mark”. Unfortunately, it also has its drawbacks.

Example 1. A company imported a production line. Alert customs officers demanded that the CE mark be applied to all elements of the line, including the „visual inspection station,” which was essentially a table used for visual inspections. Is a table a machine? It is not, so the CE mark must not be applied based on the Machinery Directive. Nor is it a pressure vessel, medical product, or toy — nothing that falls under the „conformity assessment system.” There is no „CE” directive for workshop furniture. The simple conclusion: this station cannot be labeled with the CE mark. Quod erat demonstrandum. But… the customs officer is waiting for that mark and the corresponding declaration. Not only waiting, but also setting a final deadline…

Example 2. A company purchases a production line with the CE mark and the UE declaration of conformity with the essential requirements. But is the entire line considered a machine? The directive also refers to a „machine” as an assembly of machines if they are interconnected, but how should this connection be understood? After all, the machines are connected to the same power supply — it is a kind of connection, too. CNC machines are usually connected to a communication network and can be controlled remotely to some extent. Therefore, should the entire plant be considered a single machine and have the CE mark?

The so-called Guide to the Machinery Directive explains that it is not just any connection, but a connection of the control system related to safety. However, in that case, the purchased production line does not constitute a single machine. Therefore, the CE mark for the entire line as a whole was applied unlawfully. Should the purchaser demand the individual machines to be marked by the manufacturer (using machines without CE marking can result in a fine)?

Why should the user bother analyzing such legal intricacies?

Welcome to Europe.

Image from Bússola. Translated with Aria.