CE and RoHS marking

CE and RoHS marking are a recurring subject of sometimes heated and unobjective discussions on the internet. We would like to take this opportunity to set out our position on this issue and explain the legal framework governing the mandatory marking of products in the EU.

The abbreviation CE stands for Communauté Européenne (French for ‘European Community’). The CE marking is a marking required under EU law for certain products in relation to product safety. The numerous products subject to this marking requirement include, amongst others, electrical equipment and machinery. It is not a quality or safety mark (quality label).

The CE marking is intended to guarantee that end users have access to safe products within the free movement of goods, at least within the European Economic Area and the European Community within it.

The EC Directives pursuant to Article 95 of the EC Treaty – the so-called Single Market Directives – lay down minimum health and safety requirements for numerous products, which must not be undercut. A product may only be placed on the market and put into service if it complies with the provisions of all applicable EU Directives.

By affixing the CE marking, the manufacturer confirms that the product complies with the applicable European directives and that the minimum requirements have been met. The CE marking does not necessarily mean that the product has been tested by independent bodies to ensure compliance with the directives.

The manufacturer of the product is generally responsible for labelling. Manufacturers based outside the EU must appoint an authorised representative established within the EU. If the manufacturer based outside the EU fails to fulfil this obligation, responsibility passes to their authorised representative in the EU, the importer or, ultimately, the distributor (=seller).

The abbreviation RoHS stands for ‘Restriction of the use of certain hazardous substances in electrical and electronic equipment’. It summarises EC Directive 2002/95/EC on the prohibition of certain substances in the manufacture and processing of electrical and electronic equipment and components, as well as its transposition into national law.

The aim of this directive is to eliminate problematic and toxic components from these products, such as lead, mercury and cadmium, and to promote the introduction of suitable alternatives. This has a direct impact on the companies involved, such as importers, sole traders, shops, retail chains and consumers.
Equipment that does not comply with the directives and fails to meet the prescribed limit values may no longer be placed on the market. The implementation of RoHS is arguably the most complex project the electrical and electronics industry has ever faced.

In Germany, the Electrical and Electronic Equipment Act came into force on 16 March 2005, transposing not only the RoHS but also the EU WEEE Directive (on the reduction and disposal of electronic waste) into German law. The transition period for the manufacturers and sectors concerned ran until 1 July 2006.

In the People’s Republic of China, for example, the ‘ChinaRoHS’ (Regulation on Management Methods for Controlling Pollution Caused by Electronic Information Products) came into force on 1 March 2007. This means that the industry now faces a comprehensive set of regulations covering substance bans, certification and/or customs controls, as well as labelling requirements. The scope of this directive initially covers the same six categories of substances as those covered by the RoHS Directive. In addition, there are requirements regarding energy efficiency, ease of recycling and environmental compatibility. Packaging must also be environmentally friendly, and the materials used must be specified.

Here at YOW!, we take very seriously the responsibilities and obligations imposed by law on importers and sellers in relation to CE marking and RoHS. We make every effort to implement and comply with all relevant standards and legislation in a sustainable manner. Our customers throughout Europe and the rest of the world can rely on this at all times!