Article: CE Marking FAQs

Information for businesses about CE marking and how the rules apply when trading cross-border between Ireland and Northern Ireland.

Introduction
How should a CE mark appear?
What goods are subject to CE marking requirements?
What do the CE marking rules require?
Does the CE mark imply that the goods are subject to specific legal requirements?
Who can affix the CE mark?
What is the effect of Brexit on conformity assessment bodies?
What is the UKNI Mark?
What is an authorised representative?
What product requirements apply in Great Britain after 1 January 2021?
What product requirements apply in Northern Ireland after 1 January 2021?
What steps should a business that sells CE goods take?
What if a business imports goods from Great Britain to Ireland?
What if a business exports from Ireland to Great Britain?
Can a Northern Ireland producer apply the CE mark?
What is unfettered access from Northern Ireland to GB?
Are product standards and requirements checked when goods are imported?
Further information

Introduction

CE marking is a certification by the manufacturer or producer that the goods concerned comply with the EU-wide legal requirements that apply to them. The CE mark is usually applied to the goods concerned. In some cases, it may be put on the accompanying documents.

CE marking facilitates the free circulation of goods throughout the European Union. EU states cannot make further requirements in relation to standards for the goods.

How should a CE mark appear?

The CE marking must be visible, legible and indelible. The marking must consist of the initials "CE". Both letters should have the same vertical dimension and be no smaller than 5mm (unless specified differently in the relevant product requirements).

This information about product certification from the National Standards Authority of Ireland explains more.
The Health and Safety Authority have a helpful range of questions and answers for selling goods on the EU Single Market.
GOV.UK has guidance about how a product complies with EU safety, health and environmental requirements, and how to place a CE marking on your product.

What goods are subject to CE marking requirements?

CE marking applies to goods subject to specific, legally binding product requirements.
The categories of goods covered are listed below. Each is subject to separate rules. The rules are broadly similar but differ in their detail. Some categories are very broad, such as those covering low-voltage equipment and construction products.

active implantable medical devices
appliances burning gaseous fuels
cableway installations designed to carry persons
construction products
eco-design of energy-related products
electromagnetic compatibility
equipment and protective systems intended for use in potentially explosive atmospheres
explosives for civil uses
hot-water boilers
household refrigerators and freezers
in vitro diagnostic medical devices
lifts
low voltage equipment
machinery
measuring instruments
medical devices
noise emission in the environment
non-automatic weighing instruments
personal protective equipment
pressure equipment
pyrotechnics
radio and telecommunications terminal equipment
recreational craft
safety of toys
simple pressure vessels.

What do the CE marking rules require?

There are over thirty sets of rules applying to different types of goods or aspects of those goods. The detailed requirements depend on the rules for the type of goods concerned. Sometimes, they apply to a particular aspect of the goods, in which case the general product safety rules apply to other aspects of the goods. More than one set of rules may apply to the goods, covering, for example, different features or aspects of performance.

The principles and procedures under the rules are similar. The rules are designed to protect the health and safety of users and the environment. They specify the essential health safety and environmental protection requirements and how they must be demonstrated. They do not define exactly how the goods must be manufactured. For manufactured goods, compliance usually includes certification by the producer that the goods comply with the applicable requirements by the application of the CE mark.

Does the CE mark imply that the goods are subject to specific legal requirements?

Yes. The CE mark is used to certify compliance with the legal requirements that apply to the goods concerned. The CE mark is part of a system of requirements designed to ensure the safety of products, which places duties on producers, importers, distributors and retailers.
The manufacturer or importer must affix the CE mark in most cases, which confirms that the goods conform to the applicable requirements.

Where legal requirements apply to the goods, it is unlawful to sell them or even offer them for sale, unless they comply with those requirements. A breach of the requirements may lead to prosecution or other enforcement. The sale of non-conforming goods creates a higher risk of incurring legal liability to users of the goods if they cause harm.

Who can affix the CE mark?

In many cases, the producer/manufacturer can self-certify compliance without the involvement of an external body. It must implement the requirements that apply to its products. It is subject to inspection and enforcement of its obligations by the authorities. A breach of obligations, such as improper certification, is usually an offence and is subject to enforcement by the authorities.

In the case of some types of goods, an independent product conformity assessment is required for certain purposes. The rules for the type of goods concerned will specify the requirement. The conformity assessment body is approved by the EU state and notified to the EU Commission. It may be a public authority such as the NSAI in Ireland, or it may be an accredited private body.

What is the effect of Brexit on conformity assessment bodies?

One effect of Brexit is that UK conformity assessment bodies are no longer qualified or recognised under EU legislation in cases where an independent conformity assessment is required. In these cases, UK manufacturers are obliged to nominate and use conformity assessment bodies in EU states in order to apply CE marking. In most cases, the relevant file has been transferred by the UK body to an EU body without the EU body duplicating the assessment process.

What is the UKNI Mark?

Northern Ireland is not part of the European Union, but under the Northern Ireland Protocol, it is treated as if it is part of the EU single market in goods. The UKNI Mark is used in a relatively small number of cases where EU legislation requires a particular state to be identified in relation to goods.

One use of the UKNI mark is where goods require the involvement of a conformity assessment body. If a UK recognised assessment body certifies compliance with the EU product rules, then the CE mark must be accompanied by the UKNI mark. The UKNI mark may not appear by itself. In these cases, the goods may be sold in the United Kingdom but may not be sold in the European Union.

GOV.UK has guidance about using the UKNI marking.

What is an authorised representative?

For some types of products, the non-EU manufacturer must appoint a representative within the EU. The representative has obligations in relation to product conformity, technical documentation, safety and liaising with the authorities. The requirements will be specified in the rules for the type of product concerned.

If the authorised representative for a non-EU manufacturer was based in the United Kingdom, then it was required to appoint an authorised representative in the European Union after 1st January 2021.

Non-UK manufacturers may be obliged to appoint an authorised representative in the UK under its equivalent rules. The requirement is likely to apply where an equivalent requirement applies under the EU rules. The UK product safety rules will state the position.

What product requirements apply in Great Britain after 1 January 2021?

The UK has replaced the EU rules with almost identical rules that now apply when goods are sold or placed on the market in Great Britain. Under the new UK system, the equivalent requirement for the UKCA mark is to be fully phased in by 31 December 2024. The requirements have applied in some cases since 1st January 2021.

What product requirements apply in Northern Ireland after 1 January 2021?

The EU product requirements apply in Northern Ireland so that CE certified goods may be sold in Northern Ireland. Northern Ireland producers certify compliance in the same way as producers in the European Union. Northern Ireland businesses may also sell CE certified goods anywhere within the European Union. Northern Ireland businesses are also guaranteed the right to sell qualifying Northern Ireland CE certified goods in Great Britain, even in cases where UKCA certification is, or will be otherwise required.

What steps should a business that sells CE goods take?

The business must know which of the goods it sells are covered by legally binding product requirements, usually indicated by the CE marking. It should consider whether it is the producer, importer, distributor or retailer under the product rule for those goods, bearing in mind that in many cases, the first importer into the European Union will have the responsibilities of the producer.

The business should familiarise itself with the requirements that apply to it for all the types of products that it sells. Where it sells in the European Union or Northern Ireland, the EU rules will apply. A business based in Ireland placing goods on the GB market will be subject to the replacement GB product rules. A business based in Northern Ireland may sell qualifying Northern Ireland goods in Great Britain, regardless of the GB product rules.

What if a business imports goods from Great Britain to Ireland?

A business based in Ireland should be aware that when it imports goods from Great Britain for sale in Ireland or the EU market, it must comply with the requirements for the EU market, including CE marking where applicable. As the first importer into the European Union, it will have a greater responsibility than before 1 January 2021 to ensure that the goods comply with the EU product requirements.

What if a business exports from Ireland to Great Britain?

Where a business based in Ireland sells "CE" goods in the Great Britain market, similar but potentially different UK rules will apply. Businesses based in Ireland should be aware of the UK requirements that apply to their goods when they are put on the market in Great Britain.

At present most UK rules have not diverged from the EU rules. Therefore, if the business' goods fall into one of the categories covered by the EU rules, it is likely that they will fall into the equivalent category covered by the UK rules. Industry intelligence and UK guidance should be followed to monitor any divergence.

Businesses based in Ireland should check whether CE certified goods which they sell may be placed on the GB market before 2024, under the temporary rules or whether UKCA rules and marking now apply. In other cases, they should prepare for the requirements of the UK rules and UKCA marking from 31 December 2024.

The categories of producer, importer, distributor and retailer under the EU rules also apply under the substituted UK rules. The business must consider its place in the supply chain. It may be selling directly to consumers, or it may be selling to an intermediary that itself will have responsibilities, perhaps as a GB importer. Some businesses based in Ireland may already act as GB importers to ensure delivery duty paid treatment to their GB customers.

For some types of goods, there is a requirement that the manufacturer has appointed an authorised representative in Great Britain. The position should be checked. If a representative has been appointed, it may ease the responsibilities of the GB importer. If the requirement has not been followed, it may have adverse consequences for them.

Can a Northern Ireland producer apply the CE mark?

The EU rules on product standards and requirements apply in Northern Ireland. In most cases, manufacturers/producers can self-certify compliance with the EU requirements. In these cases, Northern Ireland producers may self-certify compliance and the goods may be sold in Northern Ireland, Ireland and other EU states. Qualifying Northern Ireland goods may also be sold in Great Britain under the unfettered access rules in almost all cases.

For some types of products, an independent conformity assessment body is required. Where certification is by a UK-based conformity assessment body, the goods may be sold in Northern Ireland but not in Ireland or the EU, with the CE mark accompanied by the UKNI mark. The UKNI mark may not appear by itself.

What is unfettered access from Northern Ireland to GB?

Businesses based in Northern Ireland have a guarantee under the UK Internal Market Act that they can place EU compliant CE certified goods on the GB market, even where the UKCA requirement would otherwise apply. The goods must meet the requirements for qualifying Northern Ireland goods. There are some very limited exceptions.

GOV.UK has guidance to help you find out which goods qualify for unfettered access when moving from Northern Ireland to the rest of the UK.

Are product standards and requirements checked when goods are imported?

When goods are brought into the EU, the product code in the EU Customs Tariff, TARIC, may signal that they are subject to conformity requirements. The importer may be specifically required to certify in the import declaration that it holds the necessary documents, for example, the declaration of conformity. Revenue undertakes compliance checks in a proportion of cases based on principles of risk assessment.

Equally, when the goods are brought into Great Britain, the product code in the UK Customs Tariff will usually have the same requirements. In the same way, the importer may be obliged to certify that it holds the necessary documents required for placing the goods on the GB market. HMRC undertakes compliance checks in some cases based on principles of risk assessment.