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

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

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

4  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