China and the CE Mark – Acronym of the Week

In the course of procuring goods in China, the question occasionally arises as to why and on what legal basis the goods to be ordered are marked with a CE marking. The apparently serious answer from some manufacturers was that "CE" stands for "China Export". A counterfeit CE mark that is deceptively similar to the genuine one, used by Chinese goods manufacturers and exporters, has been known for some time. Although the "genuine" CE mark is resolved with this meaning, this is quite brazen and quite dangerous for (unsuspecting) importers.

The counterfeit CE mark looks very similar (smaller distance between the letters) and of course serves to mislead the European trading circles and importers respectively with regard to the legal compliance of the goods marked with it. However, the marks advertised as "China Export" have nothing to do with the genuine CE marking in Europe and can have very serious consequences for the deceived importer.

The CE mark that may be confused with the genuine one lacks any legal basis – at least in Europe. The (genuine) CE marking of goods is provided for in various EU Directives, whereby the manufacturer or importer confirms that the products conform to the relevant European Directives. The marking thus serves consumer safety, and importers can infer from the CE marking the statement of the responsible company that compliance with the relevant legal provisions has been checked, i.e. a conformity assessment procedure has been carried out and an EC Declaration of Conformity exists. The placing on the market of marked goods – regardless of whether they bear a European or Chinese CE mark – is thus carried out at the sole responsibility and full risk of the person responsible for placing them on the market.

The CE marking provides – apart from a few exceptions – no guarantee that conformity has been checked by official bodies and does not constitute a quality seal. The manufacturer is rather responsible for conformity himself and is fully liable for any defects. For example, an incorrect CE marking can result in a competition law cease-and-desist letter or criminal proceedings. There are also questions of product liability.

Marking requirements exist, for example, for refrigerating and freezing equipment, electrical equipment, toys, construction products, personal protective equipment, explosives and pyrotechnic articles, medical devices, recreational craft, telecommunications equipment etc. (list not exhaustive).

In any case, it is strongly recommended to persons responsible for placing imported non-EU goods on the market to question any CE markings and to check the legal basis or conformity themselves. One should by no means rely on the statements of the manufacturer, especially since this party is regularly no longer contactable in case of dispute.