The Electromagnetic Compatibility Regulations 2006

The CE marking

21.—(1) For the purposes of these Regulations, the CE marking shall be regarded as properly affixed in relation to apparatus if the requirements of this regulation are complied with.

(2) Where—

(a) the apparatus is compliant with the essential requirements; and

(b) the responsible person has demonstrated conformity with the essential requirements in accordance with regulation 18,

the manufacturer or his authorised representative shall affix the CE marking to the apparatus or to its data plate.

(3) Where it is not possible to affix the CE marking to the apparatus or to its data plate or this is not warranted on account of the nature of the apparatus, it shall be affixed to the apparatus’ packaging, if any, and to accompanying documents.

(4) Subject to paragraph (5), where the apparatus is the subject of other directives covering other aspects and which also provide for the CE marking, the CE marking shall indicate that the apparatus also conforms with those other Directives.

(5) Where one or more of the other directives referred to in paragraph (4) allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only with the directives applied by the manufacturer. In this case, particulars of the directives applied, as published in the Official Journal of the European Union, must be given in the documents, notices or instructions required by the directives and accompanying such apparatus.

(6) No person shall affix to apparatus, its data plate, packaging or the instructions for use any marking which is likely to deceive third parties as to the meaning and form of the CE marking.

(7) Any other marking may be affixed to the apparatus, its packaging or the instructions for use provided that the visibility and legibility of the CE marking are not reduced as a result.

(8) In these Regulations “CE marking” means the CE conformity marking, being a mark—

(a) consisting of the initials “CE”;

(b) taking the form set out in paragraph 1 of Schedule 2; and

(c) which when used in relation to the EMC Directive indicates conformity with all the requirements of that Directive.