What happens if my product is brought onto the market without CE marking?
If a product, which falls under the CE marking obligation, is not affixed with the CE marking or is unlawfully affixed with the CE marking, the government of the specific member state can enforce measures. Products can be withdrawn from the market and penalties can be imposed. Manufacturers, importers and/or authorised representatives will be held liable if the CE mark has been fixed illegally or if the product does not meet the standards indicated by the EU harmonised standards.
For each directive or product group, one or more supervisory authorities or inspection services have been designated at a national level in the EU countries. These institutions- often government bodies- inspect products not only for CE marking but also for other legal aspects.
An overview of all national market authorities in the EU countries, classified by product group, can be found on the website of the European Commission.
For example: in the Netherlands, failure to affix the CE marking or not have a valid EU Declaration of Conformity is a violation of the Dutch Economic Offenses Act. Penalties of up to 6 months in custody could be imposed, or a fine of 20,500 euros per offense.
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