Withdrawal of the products from the market and sanctions: the violation of the CE marking

Withdrawal of the products from the market and sanctions: the violation of the CE marking

As known, the certificazione CE is an indispensable element in the marketing of certain types of products on the European market. It's’ defined by the application of standards and guidelines that prove that the product complies with all the provisions of the European Community in terms of health protection, safety and environmental protection.

The obtaining - and keeping - the CE certification has a series of specific obligations for different traders involved. The fulfillment of these obligations - and therefore the conformity of marking - is valued by Member States under the notified bodies, capable to carry out the process of verification of the constancy of product conformity with the provisions.

In case of a detected non-compliance (and not economic operator remedial action to put an end to the same non-compliance), They open up different scenarios in the product and the operators involved in its marketing. One of these is the withdrawal of products from the market.

In the event of non-compliance of CE certification, indeed, the competent authorities "take all appropriate measures to restrict or prohibit the placing on the market or to ensure its withdrawal from the market, at the expense of the market responsible for placing the equipment ".

Sanctions: construction products

In support of the adoption of restrictive measures such as ban and withdrawal, There are fines and prison, well defined - in the case of construction products – From D.Lgs. n.106/2017. The penalties represent are categorized as:

  • Pecuniary penalties (with prediction of minimum and maximum fine);
  • custodial penalties (with stop prediction);
  • joint criminal sanctions (with stop prediction and fine);
  • Fines.

In particular, the manufacturer that violates the general principles and rules on the use of CE marking – and rules and conditions laid down by Article 9 Regulation (EU) n. 305/2011 – It shall be punished with fine from 4.000 euro to 24.000 euro; the same fact is punished with arrest up to 6 months and a fine of 10.000 euro to 50.000 EUR where the products in question are intended for structural use or use in firefighting.

Products awaiting inspectionSanctions: electromagnetic compatibility

A disciplinary matters other than the Decree. n.106/2017, we find the Art. 15. of D.Lgs. 6 November 2007, n. 194 for the Implementation of Directive 2004/108 / EC. This article defines the penalties in terms of electromagnetic compatibility of equipment, equipment and systems, outlining that:

• Anyone who places the equipment market which do not comply with the protection requirements is subject to administrative sanction for payment of a sum from EUR 4.000 to EUR 24.000. The sanction is subject anyone make changes to equipment with the required CE marking, that results in the failure to satisfy the protection requirements.

• Anyone who places on the market, commercialize, distribute in any form or install equipment that, albeit in conformity with the protection requirements, are without the required CE marking and technical documentation, It is subject to administrative sanction for payment of a sum from EUR 2.000 to EUR 12.000.

the sanctions, Furthermore, also affect anyone from affixing marks liable to be confused with the CE marking (or limit their visibility and legibility): In this case, the administrative sanction stands at a sum from EUR 1.000 to EUR 6.000.

Similarly, for anyone who promotes advertising for equipment that does not satisfy the requirements of the legislative decree provides an administrative penalty of a sum from EUR 2.500 to EUR 15.000.


The test socket of these two sets of rules - and the focus sanctioning the appearance of the same - is aimed at favoring the reflection on the need for standards and guidelines apply in full congruence with the laws. Going to incorrectly interpret the rules - for the purpose of not subjecting the equipment to all the necessary verifications of compliance - incurs measures that, at the economic level as well as production, impact in nullifying way the marketing of products on the market.

Sicom Testing offers a complete service for CE certification of products.

To request more information on this topic, write to info@sicomtesting.com
or call +39 0481 778931.

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8 comments on "Withdrawal of products from the market and sanctions: the violation of the CE marking”

  1. I bought a brush cutter from a French manufacturer for my mini excavator from 1,6 tb, who confirmed to me that he respected the safety rules. The device disintegrated after a few hours of use. I discovered that it is not CE certified and the instructions for use are incomplete. Fortunately and only fortunately, the driver was not hit by the blade holder that had become a flying saucer. The manufacturer has confirmed to me that CE certification is not mandatory for its product. This product seems very dangerous to me. I want this manufacturer to take back his car and notify his customers.

    • Good morning,
      A brush cutter must comply with the machinery directive and therefore must have the CE mark (affixable after verifying compliance with regulations), if it does not comply with the regulations it cannot be placed on the market.
      Kind regards
      Sicom Test

  2. Good morning
    I wanted to ask you a question. To market a product in the EU, it must have a CE marking visible on the product.
    In the case of cell phones, till now, we are buying it with CE mark and digital certificate in phone software.
    This CE marking is mandatory in all countries to be sold?
    When we buy mobile phones from other countries, we are responsible that they have the CE mark and it is also necessary that they have a declaration of conformity?
    In the case of mobile devices, if they only have certificates in the phone software, it's enough?
    It is mandatory in Spain that the phone has that CE mark on the back of the phone? How a mobile phone should be certified?
    And finally, what is the legislation / regulation that applies to mobile telephone equipment to be certified?
    Thanks for your attention

    • Good morning,
      -The CE marking must be affixed visibly, legible and indelible on the radio equipment or on its plate, unless this is not possible or necessary due to the nature of the radio equipment. The CE marking must be affixed visibly and legibly on the packaging.
      -CE marking is mandatory in all countries of the European economic area.
      -All radio devices placed on the market in the European Economic Area must have both the CE mark and the declaration of conformity.
      -Spain is part of the European Economic Area so all radio devices placed on the market in Spain must have the CE mark
      -The requirements for certifying a radio device are set out in the Radio Equipment Directive 2014/53 / EU.
      Kind regards

  3. Ciao,
    I am thinking of making a wall mounted bike rack. I understand that the CE marking or self-certification would not be necessary. I hope to comply with the general product safety directive, something else would be mandatory? A few tips to take into consideration?

    Thanks a lot and greetings

    • Good morning.
      We understand that for this product it is sufficient to apply the General Product Safety Directive.
      Greetings from Sicom Testing

  4. Howdy,
    I would like to import a small portable sterilizer with UV-C LED lights from China.
    The Chinese supplier has provided me with the CE + Rohs certifications, but being a product a “very low voltage” I can't understand if CE certification is needed or not. Furthermore, if the certifications received are sufficient to affix the CE mark on the product.
    Can you help me?
    Thanks so much
    Luke Beccalossi

    • Good morning.
      The product must be certified for the European market and the general product safety directive GPSD 2001/95 / EC will probably have to be applied for safety aspects.. If it contains electronic parts, the product also falls under the electromagnetic compatibility directive 2014/30 / EU, and in this case the CE mark must be affixed. The RohS directive also applies to this type of equipment.
      Sicom testing can provide a complete service for this type of products, which starts from evaluating the documentation made available by the supplier and identifying the most economical way to place the product on the market in accordance with the rules, also having at home all the capacity to perform any required tests.
      Greetings from Sicom Testing

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