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Directive 93/68/EEC
COUNCIL DIRECTIVE 93/68/EEC of 22 July 1993 amending Directives 87/404/EEC (simple
pressure vessels), 88/378/EEC (safety of toys), 89/106/EEC (construction products),
89/336/EEC (electromagnetic compatibility), 89/392/EEC (machinery), 89/686/EEC (personal
protective equipment), 90/384/EEC (non-automatic weighing instruments), 90/385/EEC (active
implantable medicinal devices), 90/396/EEC (appliances burning gaseous fuels), 91/263/EEC
(telecommunications terminal equipment), 92/42/EEC (new hot-water boilers fired with
liquid or gaseous fuels) and 73/23/EEC (electrical equipment designed for use within
certain voltage limits)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in
particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the Council has already adopted a series of Directives designed to remove
technical barriers to trade in accordance with the principles established in its
Resolution of 7 May 1985 on a new approach to technical harmonization and standards (4;;
whereas each of these Directives provides for the affixing of the 'CE' marking; whereas,
therefore, in the interests of simplifying Community legislation and making it more
consistent, these various provisions need to be replaced by uniform prescriptions; whereas
it is therefore necessary to harmonize these provisions, particularly with regard to
products which may fall within the
scope of several of these Directives;
Whereas, in its communication of 15 June 1989 on a global approach to certification and
testing (5), the Commission proposed that common rules be drawn up concerning a 'CE'
conformity marking with a single design; whereas, in its Resolution of 21 December 1989 on
a global approach to conformity assessment (6), the Council approved as a guiding
principle the adoption of a consistent approach such as this with regard to the use of the
'CE' marking;
Whereas the two basic elements of the new approach which must be applied are therefore the
essential requirements and the conformity assessment procedures;
Whereas this harmonization of the provisions concerning the affixing and use of the 'CE'
marking requires that existing Directives undergo detailed amendment to bring them into
line with the new arrangements,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The following Directives are hereby amended:
1. Council Directive 87/404/EEC of 25 June 1987 on the harmonization of the laws of the
Member States relating to simple pressure vessels (7);
2. Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the
Member States concerning the safety of toys (8);
3. Council Directive 89/106/EEC of 21 December 1988 on the approximation of the laws,
regulations and administrative provisions of the Member States relating to construction
products (9);
4. Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the
Member States relating to electromagnetic compatibility (10);
5. Council Directive 89/392/EEC of 14 June 1989 on the approximation of the laws of the
Member States relating to machinery (11);
6. Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of
the Member States relating to personal protective equipment (12);
7. Council Directive 90/384/EEC of 20 June 1990 on the harmonization of the laws of the
Member States relating to non-automatic weighing instruments (13);
8. Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the
Member States relating to active implantable medical devices (14);
9. Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the
Member States relating to appliances burning gaseous fuels (15);
10. Council Directive 91/263/EEC of 29 April 1991 on the approximation of the laws of the
Member States concerning telecommunications terminal equipment, including the mutual
recognition of their conformity (16);
11. Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new
hot-water boilers fired with liquid or gaseous fuels (17);
12. Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of
the Member States relating to electrical equipment designed for use within certain voltage
limits (18).
../...
Article 5
Directive 89/336/EEC is hereby amended as follows:
1. throughout the text, the term 'EC mark' is replaced by 'CE marking';
2. Article 3 is replaced by the following text:
'Article 3
Member States shall take all appropriate measures to ensure that the apparatus referred to
in Article 2 may be placed on the market or taken into service only if it bears the CE
marking provided for in Article 10 indicating its conformity to all the provisions of this
Directive, including the conformity assessment procedures laid down in Article 10, when it
is properly installed and maintained and when it is used for the purposes for which it is
intended.';
3. the following fifth subparagraph is added to Article 10 (1):
'Member States shall take the necessary measures to prohibit the affixing to apparatus,
its packaging, the instructions for use and the guarantee certificate of markings which
are likely to deceive third parties as to the meaning and form of the CE marking.
Any other marking may be affixed to the apparatus, its packaging, the instructions for use
or the guarantee certificate provided that the visibility and legibility of the CE marking
is not thereby reduced.';
4. in Article 10 (6) the first subparagraph is replaced by the following text:
'6. Member States shall notify the Commission and the other Member States of the competent
authorities referred to in this Article and the bodies responsible for issuing the EC
type-examination certificates referred to in paragraph 5, together with the specific tasks
which these bodies have been appointed to carry out and the identification numbers
assigned to them beforehand by the Commission.
The Commission shall publish in the Official Journal of the European Communities a list of
the notified authorities and bodies with their identification numbers and the tasks for
which they have been notified. The Commission shall ensure that this list is kept up to
date.';
5. the following paragraph is added to Article 10:
'7. Without prejudice to Article 9:
(a) where a Member State or a competent authority establishes that the CE marking has been
affixed unduly, the manufacturer or his authorized representative established within the
Community shall be obliged to make the product comply as regards the provisions concerning
the CE marking and to end the infringement under conditions imposed by the Member State;
(b) where non-compliance continues, the Member State must take all appropriate measures to
restrict or prohibit the placing on the market of the product in question or to ensure
that it is withdrawn from the market in accordance with the procedures laid down in
Article 9.';
6. Annex I section 2 is replaced by the following text:
'2. CE conformity marking
- The CE conformity marking shall consist of the initials "CE " taking the
following form:
- If the CE marking is reduced or enlarged the proportions given in the above graduated
drawing must be respected.
- Where apparatus is the subject of other Directives covering other aspects and which also
provide for the CE conformity marking, the latter shall indicate that the appliances are
also presumed to conform to those other Directives.
- However, where one or more of these Directives allow the manufacturer, during a
transitional period, to choose which arrangements to apply, the CE marking shall indicate
conformity only to the Directives applied by the manufacturer. In this case, particulars
of the Directives applied, as published in the Official Journal of the European
Communities, must be given in the documents, notices or instructions required by the
Directives and accompanying such apparatus.
- The various components of the CE marking must have substantially the same vertical
dimension, which may not be less than 5 mm.'
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[Policy
Areas] [Industry Sectors][Electrical Equipment]
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