A crucial aspect of ensuring European Accessibility Act (EAA) compliance is the CE Marking. But what is CE Marking and what does the EAA require?
In general, per Europa.eu, “The letters ‘CE’ appear on many products traded on the extended Single Market in the European Economic Area (EEA). They signify that products sold in the EEA have been assessed to meet high safety, health, and environmental protection requirements.”
Europa.eu continues:
When you buy a new phone, a teddy bear, or a TV within the EEA, you can find the CE mark on them…
By affixing the CE marking to a product, a manufacturer declares that the product meets all the legal requirements for CE marking and can be sold throughout the EEA. This also applies to products made in other countries that are sold in the EEA.
There are two main benefits CE marking brings to businesses and consumers within the EEA
- businesses know that products bearing the CE marking can be traded in the EEA without restrictions
- consumers enjoy the same level of health, safety, and environmental protection throughout the entire EEA
Now that we’ve covered the CE Marking in general, let’s look at the specifics within the European Accessibility Act, using direct quotes from key sections in the EAA that make reference to CE Marking and explain what each section means.
(82) The CE marking, indicating the conformity of a product with the accessibility requirements of this Directive, is the visible consequence of a whole process comprising conformity assessment in a broad sense. This Directive should follow the general principles governing the CE marking of Regulation (EC) No 765/2008 of the European Parliament and of the Council (21) setting out the requirements for accreditation and market surveillance relating to the marketing of products. In addition to making the EU declaration of conformity, the manufacturer should inform consumers in a cost-effective manner about the accessibility of their products.
This means the CE marking shows that a product meets the accessibility standards outlined in the EAA Directive. This mark is the result of a thorough process to ensure compliance. The Directive follows general rules for CE marking, which are set by an EU regulation focused on product accreditation and market monitoring. Besides declaring compliance, manufacturers should also make sure consumers can easily find information on the accessibility of their products in a way that doesn’t add extra cost.
(83) In accordance with Regulation (EC) No 765/2008, by affixing the CE marking to a product, the manufacturer declares that the product is in conformity with all applicable accessibility requirements and that the manufacturer takes full responsibility therefor.
This means when a manufacturer puts the CE marking on a product, they’re declaring that it meets all required accessibility standards and that they take full responsibility for its compliance.
Article 7: Obligations of Manufacturers:
2. Manufacturers shall draw up the technical documentation in accordance with Annex IV and carry out the conformity assessment procedure set out in that Annex or have it carried out.
Where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking.
This means manufacturers must prepare technical documentation as described in Annex IV and follow the steps in that Annex to check that the product meets accessibility requirements. Once the product passes this check, they must create an EU declaration of conformity and add the CE marking to the product.
Article 9: Obligations of Importers:
Before placing a product on the market, importers shall ensure that the conformity assessment procedure set out in Annex IV has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation required by that Annex, that the product bears the CE marking and is accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 7(5) and (6).
This means before selling a product, importers must check that the manufacturer has completed the assessment in Annex IV, prepared the required technical documents, placed the CE marking on the product, and included all necessary paperwork. They must also confirm that the manufacturer has followed the rules in Article 7(5) and (6).
Article 10: Obligations of Distributors:
2. Before making a product available on the market distributors shall verify that the product bears the CE marking, that it is accompanied by the required documents and by instructions and safety information in a language which can be easily understood by consumers and other end-users in the Member State in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in Article 7(5) and (6) and Article 9(4) respectively.
This means before selling a product, distributors must check that it has the CE marking, includes the necessary documents, and comes with instructions and safety information in a language that consumers in the target country can understand. They also need to make sure that both the manufacturer and importer have followed the rules in Article 7(5) and (6) and Article 9(4).
Chapter VII: Conformity of products and CE marking
Article 16: EU declaration of conformity of products
1. The EU declaration of conformity shall state that the fulfilment of the applicable accessibility requirements has been demonstrated. Where as an exception, Article 14 has been used, the EU declaration of conformity shall state which accessibility requirements are subject to that exception.
This means the EU declaration of conformity confirms that the product meets accessibility requirements. If there’s an exception under Article 14, it must specify which requirements are exempt.
2. The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC. It shall contain the elements specified in Annex IV to this Directive and shall be continuously updated. The requirements concerning the technical documentation shall avoid imposing any undue burden for microenterprises and SMEs. It shall be translated into the language or languages required by the Member State in which the product is placed or made available on the market.
This means the declaration must follow the format in Annex III of Decision No 768/2008/EC, include details from Annex IV of this Directive, and be regularly updated. It should not place unnecessary demands on small businesses. It must also be translated into the language(s) of the country where the product is sold.
3. Where a product is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the acts concerned including the publication references.
This means if the product needs declarations under multiple EU rules, a single declaration should cover all of them, listing each relevant rule and its references.
4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the product with the requirements of this Directive.
This means by creating the declaration, the manufacturer takes responsibility for the product’s compliance with this Directive’s requirements.
Article 18: Rules and conditions for affixing the CE marking
1. The CE marking shall be affixed visibly, legibly and indelibly to the product or to its data plate. Where that is not possible, or not warranted, on account of the nature of the product, it shall be affixed to the packaging and to the accompanying documents.
This means the CE marking must be placed on the product or its data plate in a way that is visible, readable, and permanent. If this isn’t possible due to the product’s nature, it should go on the packaging and accompanying documents.
2. The CE marking shall be affixed before the product is placed on the market.
This means the CE marking must be added before the product is sold.
3. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.
This means countries in the EU should use current systems to enforce proper use of the CE marking and take action if it’s misused.
Article 22: Formal non-compliance
1. Without prejudice to Article 20, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:
If a country finds any of the following issues, it must require the business involved to correct them:
(a) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 18 of this Directive;
(b) the CE marking has not been affixed;
This means that:
(a) The CE marking has been applied incorrectly, violating either Article 30 of Regulation (EC) No 765/2008 or Article 18 of this Directive.
(b) The CE marking is missing entirely.
4. CE marking and EU declaration of conformity
4.1. The manufacturer shall affix the CE marking referred to in this Directive to each individual product that satisfies the applicable requirements of this Directive.
4.2. The manufacturer shall draw up a written EU declaration of conformity for a product model. The EU declaration of conformity shall identify the product for which it has been drawn up.
A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.
This means that:
4.1. The manufacturer must place the CE marking on every product that meets the Directive’s requirements.
4.2. The manufacturer must create a written EU declaration of conformity for each product model, clearly identifying the specific product it applies to.
A copy of this declaration must be provided to relevant authorities if they request it.
Summary
The CE marking under the European Accessibility Act (EAA) confirms that a product meets EU standards for accessibility, in addition to safety, health, and environmental requirements. It must be visibly and permanently marked on the product before it’s sold. Manufacturers must ensure the product’s accessibility compliance, document this in an EU declaration of conformity, and provide this document to authorities if requested. If the CE marking is missing, incorrectly applied, or if accessibility standards aren’t met, authorities can require the business to correct the issue.
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Legal Disclaimer: This post represents our interpretation and analysis of the European Accessibility Act (EAA) and related accessibility requirements and obligations but does not constitute legal advice. While we strive for accuracy, Directives and their interpretation may vary by EU member state and change over time. Consult with legal counsel regarding your specific situation.
