CE Marking Under ESPR: Requirements, Affixing Rules, and Common Errors
CE marking is the manufacturer’s declaration that a product complies with all applicable EU legislation. Under ESPR, CE marking requirements are tightened: from the compliance date of the applicable delegated act, a product cannot bear the CE marking unless it has a valid Digital Product Passport (DPP). This guide covers CE marking requirements, affixing rules, common errors, and the interaction with ESPR.
What CE Marking Means Under ESPR
CE marking is not a quality mark or a safety certification. It is a manufacturer’s declaration that the product complies with all applicable EU legislation. For ESPR-covered products, CE marking declares compliance with all applicable ESPR requirements, including the DPP requirement. Affixing the CE marking to a product that does not have a valid DPP (from the compliance date of the applicable delegated act) is a serious non-compliance that can result in market withdrawal, financial penalties, and criminal prosecution.
The CE marking is required on all products covered by EU harmonisation legislation that provides for CE marking. ESPR products are covered by ESPR and may also be covered by other EU legislation (e.g., the Low Voltage Directive, the Radio Equipment Directive, the Machinery Regulation). The CE marking declaration covers all applicable legislation simultaneously — the manufacturer must verify compliance with all applicable legislation before affixing the CE marking.
CE Marking Affixing Requirements
The CE marking must be affixed to the product in accordance with the requirements of each applicable EU legislation. The general requirements for CE marking affixing are set in Annex V of Regulation (EU) 765/2008 and in the applicable product legislation. The key requirements are as follows.
| Requirement | Standard | Consequence of Non-Compliance |
|---|---|---|
| Minimum height | 5 mm (unless the product is too small) | Non-compliant CE marking; market surveillance action |
| Proportions | Must maintain the proportions shown in the CE marking graphic | Non-compliant CE marking |
| Legibility | Must be clearly visible and not obscured | Non-compliant CE marking |
| Indelibility | Must not be easily removed or defaced | Non-compliant CE marking |
| Location | On the product; if not possible, on packaging and documentation | Non-compliant CE marking |
| Timing | Must not be affixed until conformity assessment is complete | Premature CE marking; serious non-compliance |
| DPP requirement (from compliance date) | Must not be affixed unless product has a valid DPP | Serious non-compliance; market withdrawal |
CE Marking Errors: The Most Common Non-Compliances
CE marking errors are one of the most common reasons for ESPR non-compliance findings by market surveillance authorities. The following are the most common CE marking errors found during market surveillance inspections.
Error 1: CE marking not affixed to the product. The CE marking must be affixed to the product itself. Affixing the CE marking only to the packaging or the product documentation is not sufficient unless the product is too small to bear the CE marking. Market surveillance authorities check the product itself, not just the packaging.
Error 2: CE marking too small. The minimum height of the CE marking is 5 mm. CE markings that are smaller than 5 mm are non-compliant. This is a common error on small products where space is limited. Manufacturers should verify that the CE marking meets the minimum size requirement before placing the product on the market.
Error 3: CE marking not legible. The CE marking must be legible — clearly visible and not obscured by other markings or text. CE markings that are printed in a colour that does not contrast with the background, or that are partially obscured by other markings, are non-compliant.
Error 4: CE marking affixed before conformity assessment is complete. The CE marking must not be affixed until the conformity assessment procedure is complete and the EU declaration of conformity has been drawn up. Affixing the CE marking before conformity assessment is complete is a serious non-compliance that can result in criminal prosecution in some EU member states.
Error 5: CE marking without DPP (from compliance date). From the compliance date of the applicable delegated act, the CE marking cannot be affixed to a product that does not have a valid DPP. This is a new requirement introduced by ESPR and is one of the most significant changes to CE marking requirements for affected product categories.
CE Marking and Other Mandatory Markings
ESPR-covered products may be required to bear other mandatory markings in addition to the CE marking. These include: the EU Energy Label (for products covered by the Energy Labelling Regulation EU 2017/1369); the WEEE symbol (for electrical and electronic equipment covered by the WEEE Directive 2012/19/EU); the battery disposal symbol (for products containing batteries covered by the Battery Regulation EU 2023/1542); and the DPP QR code (for products covered by ESPR delegated acts).
Manufacturers must ensure that all required markings are present on the product before placing it on the market. The placement of markings must comply with the requirements of each applicable regulation. Manufacturers should develop a marking checklist for each product model that lists all required markings and verifies that they are correctly placed.
The EU Declaration of Conformity: The Legal Foundation
The EU Declaration of Conformity (DoC) is the legal document that underpins the CE marking. The DoC declares that the product complies with all applicable EU legislation and identifies the conformity assessment procedures used to demonstrate compliance. The DoC must be drawn up before the CE marking is affixed and must be kept on file for 10 years after the last product of the model is placed on the market.
The DoC must contain: the manufacturer’s name and address; the product description (name, model number, serial number range); the applicable EU legislation; the harmonised standards applied (if any); the conformity assessment procedures used; the name and address of the notified body (if applicable); the date of issue; and the signature of the authorised signatory. For ESPR-covered products, the DoC must also reference the applicable ESPR delegated act and confirm that the product has a valid DPP (from the compliance date).
What Manufacturers Must Do Now
- [IMMEDIATE] Audit CE marking on all products currently on the EU market. Verify that the marking meets all requirements (size, legibility, indelibility, location).
- [IMMEDIATE] Verify that EU Declarations of Conformity are complete and accurate for all products.
- [HIGH PRIORITY] Develop a CE marking checklist for each product model that covers all applicable legislation.
- [HIGH PRIORITY] Plan for the DPP requirement: from the compliance date of the applicable delegated act, CE marking cannot be affixed without a valid DPP.
- [MEDIUM PRIORITY] Train production staff on CE marking requirements, including the new DPP requirement.
Frequently Asked Questions: CE Marking and ESPR
Can a product bear the CE marking without a DPP after the compliance date?
No. From the compliance date of the applicable ESPR delegated act, a product covered by that act cannot bear the CE marking unless it has a valid DPP. ESPR Article 23 makes this explicit.
What is the minimum size of the CE marking?
The minimum height of the CE marking is 5 mm. If the product is too small to bear a 5 mm CE marking, the marking must be placed on the packaging or in the accompanying documentation.
Who can sign the EU Declaration of Conformity?
The DoC must be signed by the manufacturer or the manufacturer’s EU Authorised Representative. The signatory must be authorised to bind the manufacturer legally.
How long must the EU Declaration of Conformity be kept on file?
The DoC must be kept on file for 10 years after the last product of the model is placed on the EU market. Market surveillance authorities can request the DoC at any time during this period.
Does the CE marking guarantee product quality?
No. The CE marking is a manufacturer’s declaration of regulatory compliance, not a quality certification. It does not guarantee product quality, safety, or performance beyond the minimum requirements of the applicable legislation.
CE Marking Under ESPR: The Complete Guide
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. ESPR adds a new prerequisite for CE marking: the Digital Product Passport must be registered with the EU DPP Registry before CE marking can be affixed.
CE Marking Process Under ESPR
| Step | Action | Output |
|---|---|---|
| 1 | Complete product design to meet ecodesign requirements | Compliant product design |
| 2 | Conduct conformity assessment (Annex VI or VII) | Test reports, notified body certificate (Annex VII only) |
| 3 | Compile technical documentation | Technical file |
| 4 | Register DPP with EPREL | DPP registered, product passport identifier issued |
| 5 | Draw up EU Declaration of Conformity | Signed EU DoC referencing DPP |
| 6 | Affix CE marking to product | CE marking on product/packaging |
CE Marking Enforcement
CE marking is enforced by national market surveillance authorities. An MSA officer who finds a product without CE marking, or with CE marking affixed without a valid EU DoC and DPP, can order the product to be withdrawn from the market. The MSA can also require the manufacturer to bring the product into compliance and impose financial penalties. CE marking violations are reported to the RAPEX rapid alert system, which distributes the notification to all EU member states.
Ensure Your CE Marking Compliance Includes DPP
From the compliance date of the applicable ESPR delegated act, your CE marking requires a valid DPP. Register your DPP now to ensure your CE marking remains valid.
Register Your Digital Product Passport →CE Marking Requirements Under ESPR
CE marking is the visible symbol that a manufacturer affixes to a product to indicate that it meets all applicable EU legal requirements. The CE marking is not a quality mark or a safety certification — it is a declaration by the manufacturer that the product complies with all applicable EU directives and regulations. For products subject to ESPR, the CE marking indicates that the product meets the requirements of the applicable ESPR delegated act(s) and any other applicable EU regulations (such as the Low Voltage Directive, the EMC Directive, or the Radio Equipment Directive).
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 size of the product makes this impractical. The CE marking must be affixed to the product itself (not just the packaging), unless the nature of the product makes this impractical. If the CE marking is affixed to the packaging, it must also appear in the documentation accompanying the product.
The CE marking must be accompanied by the identification number of the notified body, if a notified body was involved in the conformity assessment procedure. The notified body's identification number must be the same height as the CE marking. If no notified body was involved (i.e., the manufacturer used the internal production control procedure under Annex VI), no notified body identification number is required. The CE marking must not be accompanied by any other marking that could mislead users about the meaning of the CE marking.
Frequently Asked Questions
The CE marking is a single marking that covers all applicable EU legal requirements. When a product becomes subject to ESPR requirements, the manufacturer must ensure that the CE marking covers ESPR compliance in addition to any other applicable requirements. There is no separate CE marking for ESPR — the same CE marking covers all applicable EU regulations.
The CE marking must be affixed to the product before it is placed on the EU market. For products subject to ESPR, this means that the CE marking must be affixed after the manufacturer has completed the conformity assessment procedure (Annex VI or Annex VII) and drawn up the EU Declaration of Conformity. The CE marking must not be affixed before the conformity assessment is complete.
Yes. The CE marking can be printed on a label, provided that the label is affixed to the product in a way that ensures the marking remains visible and legible throughout the product's lifecycle. For products where a label is not practical (such as bulk materials or very small components), the CE marking may be on the packaging or in the documentation accompanying the product.
Affixing the CE marking to a non-compliant product is a serious offence under EU law. Market surveillance authorities can require the manufacturer to remove the CE marking, withdraw the product from the market, and recall products already sold. Financial penalties vary by member state but can be substantial. In some member states, criminal prosecution is possible for deliberate non-compliance.
The CE marking itself does not change when ESPR requirements change. However, if a new delegated act introduces requirements that the product does not yet meet, the manufacturer must update the product design to meet the new requirements before the compliance date. The CE marking can only be affixed (or maintained) if the product meets all applicable requirements at the time it is placed on the market.