It is commonly known that a Manufacturer of a product which falls under CE Marking legislation must demonstrate that the product meets the requirements of that legislation and affix the CE Mark before it is placed on the market. However, what if the manufacturer is not actually selling the product?
The ‘Blue Guide’ on the implementation of EU Product Rules 2016 offers some good guidance on the subject. Clause 2.2 refers to ‘Making Available on the Market’ and defines this as being ‘supplied for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge’.
So promotional products would fulfil that definition and would therefore, if applicable, be required to be CE Marked.
But how about if the product is custom made and donated for charitable purposes? This would appear to be a grey area, however the Blue Guide goes on to define that making available may amongst other things, refer to advertising campaigns. As such, if the purpose of making the charitable donation is to promote the business (for instance it is marked as ‘Supplied By…’) , then the product should be CE Marked.
Notwithstanding the question of whether a product should be CE marked or not, Manufacturers, of course, have both a legal and moral obligation to ensure that their products are safe!
If you need any help and support with CE Marking or Product Compliance, then please call us on 01564 792349.
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