91999E0242

WRITTEN QUESTION E-0242/99

by Ulf Holm (V) to the Commission

(12 February 1999)

Subject: Consumers misled by the CE mark

The CE mark is used on products such as toys, safety helmets and electronic equipment and signifies that the manufacturer certifies that the product concerned conforms to EU safety standards. Checks on whether products actually conform to such standards, however, are not made in the factories but are carried out by inspectors in shops where the goods are sold. Experts at Sweden's National Board for Consumer Policies have estimated that about 30 % of toys sold with the CE mark are wrongly marked. There is thus widespread misuse of the mark, which means that consumers are being lulled into a false sense of security.

What steps is the Commission planning to take in order to ensure that the CE conformity marking system really does provide security for consumers?

Answer given by Mr Bangemann on behalf of the Commission

(25 March 1999)

Products falling within the scope of the technical harmonisation directives drawn up on the basis of the new approach and the global approach (Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards(1)), such as toys and electrical domestic appliances, cannot be put on the market unless they comply with the essential, particularly safety, requirements of the pertinent directives. Conformity assessment of new approach products is the responsibility of the manufacturer or the importer in accordance with the procedures laid down in the directives, which may include assistance from notified bodies (independent third parties). The affixing of the "EC mark" is confirmation that this process has been completed.

The Commission believes that the problems of non-compliance and misuse of the EC mark can be dealt with by improving information for manufacturers and importers on their obligations and by better supervision of the market.

Market supervision may be carried out in different ways and in different places. It is not restricted to the final sales point. Council Directive 88/378/EEC of 3 May 1998 on the approximation of the laws of the Member States concerning the safety of toys(2) provides in its Article 12 for the authority responsible for inspection to obtain access to the place of manufacture or storage.

The requirements contained in the Directives, including a clarification of obligations with regard to market inspection, are explained in a guide to the new approach which should be published shortly. Supervision of the market is the responsibility of the Member States, which must have the necessary powers to guarantee that Community law is respected, including that on consumer safety, whether by checks carried out at the place of manufacture or at sales points. The Commission has committed itself to launching initiatives to improve market supervision for products in accordance with the action plan in favour of the single market(3). One of these initiatives is the programme of joint reciprocal inspections between the inspection authorities of the national markets(4) which is currently under way. It is aimed at identifying any weaknesses and at promoting improvements to the national market inspection systems.

(1) OJ C 136, 4.6.1985.

(2) OJ L 187, 16.7.1988.

(3) Communication from the Commission to the European Council, doc. ESC(97)1 final;.

(4) Programme in the area of toys, individual protection equipment, machinery, low-voltage equipment and electromagnetic compatibility.