The product is too small for the required marking

EU product law starts from the product. Under the General Product Safety Regulation (EU) 2023/988, manufacturers ensure that their products bear a type, batch or serial number or other element enabling identification that is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the information is provided on the packaging or in a document accompanying the product (Article 9(5)). The name and the postal and electronic address follow the same order: on the product or, where that is not possible, on its packaging or in an accompanying document (Article 9(6)).^[1]

The harmonised product acts use the same model. Decision No 768/2008/EC, the template for the sector directives and regulations, asks for the identification element on the product or, where size or nature does not allow it, on the packaging or in an accompanying document, and the manufacturer's name and contact address on the product or, where that is not possible, on its packaging or in an accompanying document (Annex I, Article R2(5) and (6)). The Low Voltage Directive applies this wording to electrical equipment (Directive 2014/35/EU, Article 6(5) and (6)).^[2][5]

The CE marking has its own fallback. It is affixed visibly, legibly and indelibly to the product or its data plate; where that is not possible or not warranted on account of the nature of the product, it is affixed to the packaging and to the accompanying documents, where the legislation concerned provides for such documents (Decision No 768/2008/EC, Annex I, Article R12(1)). When reduced or enlarged, the proportions of the graduated drawing are respected, and where specific legislation does not impose specific dimensions the marking is at least 5 mm high (Regulation (EC) No 765/2008, Annex II).^[2][3]

Toys have a specific rule. The CE marking goes on the toy, an affixed label or the packaging; for small toys and toys consisting of small parts it may alternatively be affixed to a label or an accompanying leaflet, and where it is not visible from outside the packaging it is at least affixed to the packaging (Directive 2009/48/EC, Article 17(1)). Small toys sold without packaging have their warnings affixed to them (Article 11(2)).^[4]

A move to the packaging is mostly an exception, not a choice. The GPSR and the identification and address rules of the harmonised acts allow it only where the product cannot carry the information, so keep the reason on file; the Toy Safety Directive is wider and lets the CE marking go on the packaging as one of its options (Article 17(1)). Distributors verify these elements before they sell (GPSR Article 12(1)), and a clear record of what is where shortens that check.^[1]