A retailer asks for proof that the CE mark is real

The CE marking is a declaration, not a seal from a third party. Under Regulation (EC) No 765/2008, only the manufacturer or its authorised representative affixes the CE marking, and only to products for which a Union act provides for it (Article 30(1) and (2)). By affixing it, the manufacturer indicates that it takes responsibility for the product's conformity with all applicable requirements of those acts (Article 30(3)). The CE marking is the only marking that attests that conformity, and markings likely to mislead about its meaning or form are prohibited (Article 30(4) and (5)). The Commission's Blue Guide calls it a key indicator, but not proof, of compliance (section 4.5.1.1).^[4][6]

The evidence is the declaration and the file behind it. Under the Low Voltage Directive 2014/35/EU, the manufacturer draws up technical documentation, carries out the conformity assessment and, once compliance is demonstrated, draws up the EU declaration of conformity and affixes the CE marking (Article 6(2)). For low voltage equipment that assessment is internal production control: the technical documentation includes the standards applied and test reports (Annex III, point 2). The declaration follows the model in Annex IV, and where several acts require a declaration, there is a single one naming them all (Article 15(2) and (3)). The EMC Directive 2014/30/EU and the Radio Equipment Directive 2014/53/EU have the same structure (EMC Article 15; RED Article 18).^[1][2][3]

A notified body takes part only in some routes. Under the EMC Directive, the manufacturer may choose EU-type examination followed by conformity to type instead of internal production control (Article 14). Under the Radio Equipment Directive, EU-type examination or full quality assurance is mandatory for the requirements in Article 3(2) and (3) where harmonised standards were not applied, were applied only in part or do not exist (Article 17(4)); under full quality assurance, the notified body's identification number follows the CE marking (Article 20(3)). Radio equipment must also be accompanied by a copy of the declaration or a simplified declaration with the internet address of the full text (Article 10(9)).^[2][3]

Retailers ask because they carry a check of their own. Under the Low Voltage Directive, distributors verify before selling that the equipment bears the CE marking and is accompanied by the required documents and instructions, and must not sell equipment they have reason to believe does not conform (Article 9(2)). At the border, customs suspend the release of products bearing a CE marking affixed in a false or misleading manner (Regulation (EU) 2019/1020, Article 26(1)(c)).^[1][5]