Q&As

Are distributors required to supply their customers with CE mark certificates and do distributors have a legal obligation to keep records relating to CE certification for products sold by them? Do these responsibilities change if the distributor is the importer of goods into the EEA and/or selling the goods under their own label?

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Published on LexisPSL on 12/10/2020

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Are distributors required to supply their customers with CE mark certificates and do distributors have a legal obligation to keep records relating to CE certification for products sold by them? Do these responsibilities change if the distributor is the importer of goods into the EEA and/or selling the goods under their own label?

The Department for Business, Energy & Industrial Strategy (BEIS) guidance on CE marking provides that it is the manufacturer’s responsibility to:

  1. carry out the conformity assessment

  2. set up the technical file

  3. issue the EC Declaration of Conformity, and

  4. place the CE marking on the product

CE marking is mandatory, but only for certain products. For the full list of products for which CE marking is required, see the BEIS guidance on Products that need CE marking.

With regard to whether manufacturers are required to keep records relating to CE certification, the BEIS guidance states that ‘You must keep certain documentation once you have placed the CE marking on your product’ for various reasons, including notably that the Market Surveillance Authorities may ‘at any time’ check the legitimacy of CE marking on products. The specific information that must

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