CE Marking Under ESPR
CE marking is the mandatory conformity marking for products placed on the EU market. Under ESPR, CE marking is required for all products in scope of an applicable delegated act. The CE marking indicates that the product meets all applicable EU regulatory requirements — not just ESPR, but all EU legislation applicable to the product (including the Low Voltage Directive, the Radio Equipment Directive, the Machinery Regulation, and any other applicable directives or regulations).
ESPR Article 31 sets out the rules for CE marking. The CE marking must be affixed to the product, its packaging, or accompanying documents before the product can be placed on the EU market. The CE marking cannot be affixed without a valid EU Declaration of Conformity. For products requiring Annex VII assessment, the CE marking must also be accompanied by the identification number of the notified body.
CE Marking Affixing Rules
| Rule | Requirement | Legal Basis |
|---|---|---|
| Visibility | Visible, legible, and indelible | ESPR Article 31(2) |
| Minimum height | 5mm (proportions must be maintained if scaled) | ESPR Annex VIII |
| Location | On the product, packaging, or accompanying documents | ESPR Article 31(1) |
| Notified body ID | 4-digit number following CE marking (Annex VII only) | ESPR Article 31(3) |
| Year of affixing | Last two digits of year CE marking first affixed | ESPR Article 31(4) |
| Prohibition on misleading marks | No marks that could be confused with CE marking | ESPR Article 31(5) |
CE Marking and the DPP
The CE marking and the DPP QR code are separate requirements that must both be present on ESPR-regulated products. The CE marking indicates conformity. The DPP QR code provides access to the product's compliance data. Both must be present on the product or its packaging. There is no requirement for the CE marking and the DPP QR code to be in the same location on the product, but both must be visible and accessible.
CE Marking for Non-EU Manufacturers
Non-EU manufacturers cannot affix CE marking themselves — they must do so through their EU Authorised Representative. The EU Authorised Representative is responsible for ensuring that the product meets all applicable EU requirements before the CE marking is affixed. The EU Authorised Representative's name and address must appear in the EU Declaration of Conformity and must be accessible via the DPP.
Prohibited Marks and Confusion
ESPR Article 31(5) prohibits affixing any mark, sign, or inscription that could mislead users as to the meaning or form of the CE marking. This includes marks that resemble CE marking (such as the China Export mark, which uses the same letters but different proportions) and marks that claim EU conformity without being the CE marking. Market surveillance authorities actively look for misleading marks and can order product withdrawals for non-compliant marking.
CE Marking Dimensions and Proportions
The CE marking must conform to the model set out in Annex V of Regulation (EC) 765/2008, which defines the proportions of the CE symbol. The marking consists of the letters "C" and "E" in a specific geometric relationship — the vertical stroke of the "C" and the horizontal strokes of the "E" must be of equal length, and the overall height of the marking must be at least 5 mm. If the CE marking is enlarged or reduced, the proportions given in the model must be respected. The CE marking must be visible, legible, and indelible. It must not be obscured by other markings, labels, or information that could mislead users about the meaning of the CE marking. The CE marking must be affixed before the product is placed on the EU market — it cannot be added after the product has been sold.
CE Marking with Notified Body Identification Number
Where a notified body has been involved in the conformity assessment procedure, the notified body's four-digit identification number must be affixed after the CE marking. The notified body identification number is assigned by the national authority that designated the notified body and is published in the NANDO (New Approach Notified and Designated Organisations) database maintained by the European Commission. The notified body identification number must be the same size as the CE marking and must be affixed by the notified body itself, or under its instructions, by the manufacturer. If the manufacturer changes notified body — for example, because the original notified body loses its designation — the CE marking on products already in the market does not need to be changed, but new products must bear the new notified body's identification number.
CE Marking on Products with Multiple Applicable Directives
Many products are subject to multiple EU directives and regulations that require CE marking — for example, a washing machine may be subject to ESPR, the Low Voltage Directive (LVD), the Electromagnetic Compatibility Directive (EMCD), and the Radio Equipment Directive (RED) if it has WiFi connectivity. In this case, a single CE marking covers all applicable directives. The EU Declaration of Conformity must reference all applicable directives and regulations, and the technical documentation must demonstrate compliance with all of them. The CE marking does not need to be repeated for each directive — one CE marking on the product is sufficient, provided the EU DoC covers all applicable legislation. Manufacturers should maintain a regulatory matrix for each product that lists all applicable EU legislation and the conformity assessment procedures required for each.
CE Marking Affixing Rules Under ESPR
The CE marking must be affixed to the product before it is placed on the EU market. The marking must be visible, legible, and indelible. The minimum height of the CE marking is 5mm, unless the product's size makes this impractical, in which case the marking can be smaller. The CE marking must be affixed to the product itself or to its data plate. If the nature of the product does not allow or warrant affixing the CE marking to the product, it must be affixed to the packaging and to the accompanying documents. The CE marking must not be affixed to products that are not covered by EU harmonisation legislation — affixing the CE marking to a non-covered product is a criminal offence in most EU member states.
CE Marking and the DPP Data Carrier: Co-location Requirements
Under ESPR, the DPP data carrier (QR code or NFC tag) must be placed on the product in a location that is accessible without disassembly. The ESPR implementing acts may specify co-location requirements for the CE marking and the DPP data carrier — for example, requiring that the DPP data carrier be placed adjacent to the CE marking on the product label. Co-location of the CE marking and the DPP data carrier makes it easier for market surveillance authorities to verify compliance — they can scan the DPP data carrier and verify that the DPP data is consistent with the CE marking claim. Manufacturers should plan the layout of their product labels to accommodate both the CE marking and the DPP data carrier in a logical and accessible location.
CE Marking for Products Manufactured Outside the EU
Products manufactured outside the EU can bear the CE marking if they comply with the applicable EU harmonisation legislation. The EU Authorised Representative is responsible for ensuring that the technical documentation supports the CE marking claim and that the EU Declaration of Conformity is available to market surveillance authorities. Non-EU manufacturers should note that affixing the CE marking to a product that does not comply with EU requirements is a serious offence — market surveillance authorities in EU member states have the power to order the withdrawal of non-compliant CE-marked products from the market and to impose financial penalties on the manufacturer, importer, and EU Authorised Representative. Non-EU manufacturers should ensure that their conformity assessment process is rigorous and that their technical documentation is complete before affixing the CE marking.
CE Marking and DPP: The Compliance Verification Chain
Under ESPR, the CE marking and the DPP are linked — a product cannot bear the CE marking unless it has a functioning DPP that meets the requirements of the applicable delegated act. Market surveillance authorities will verify ESPR compliance by: scanning the DPP data carrier on the product; accessing the DPP data via the URL encoded in the data carrier; verifying that the DPP data is complete and consistent with the product's CE marking claim; and cross-referencing the DPP data with the EU product database registration. This verification chain means that a product with a CE marking but no functioning DPP will be treated as non-compliant — even if the product itself meets all the applicable ecodesign requirements. Manufacturers must ensure that their DPP systems are functioning and accessible before affixing the CE marking to their products.
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Register Your Digital Product Passport →CE Marking Size and Placement Requirements
The CE marking must have a minimum height of 5mm. If the CE marking is reduced or enlarged, the proportions of the lettered marking must be respected. The CE marking must be affixed visibly, legibly, and indelibly to the product or its data plate. If the product is too small or its nature does not allow the CE marking to be affixed to the product itself, it must be affixed to the packaging and to the accompanying documents. The CE marking must be followed by the identification number of the notified body (if a notified body was involved in the conformity assessment procedure). The identification number must be the same height as the CE marking. Manufacturers must not affix any marking or sign that is likely to mislead third parties about the meaning or form of the CE marking — in particular, manufacturers must not use a marking that resembles the CE marking but is not the CE marking.