40.—(1) An economic operator must not affix the CE marking to a product unless—
(a)the economic operator is the manufacturer; and
(b)the conformity of the product with the essential requirements has been demonstrated by the relevant conformity assessment procedure.
(2) An economic operator must not affix to a product a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking.
(3) An economic operator must not affix to a product any other marking if the visibility, legibility and meaning of the CE marking would be impaired as a result.