Product Regulations (CE Marking)

When is CE marking required?

Only for products covered by EU harmonisation legislation that provides for it, such as machinery, toys, electrical and radio equipment, personal protective equipment and batteries. CE marking may not be affixed to other products, and only the manufacturer or its authorised representative may affix it (Article 30(1) and (2) Regulation 765/2008).

The CE marking is the only marking that attests conformity with the applicable harmonisation legislation; markings that could be confused with it are prohibited (Article 30(4) and (5)). Products without CE requirements still have to be safe under the General Product Safety Regulation (Regulation (EU) 2023/988), which also covers risks that sector legislation does not address (Article 2(1)).

Who is responsible for CE compliance in the supply chain?

The manufacturer draws up the technical documentation, carries out the conformity assessment, issues the EU declaration of conformity and affixes the CE marking. Importers may only place compliant products on the market and check that the manufacturer has done this; distributors check the marking and accompanying documents (model provisions in Articles R2, R4 and R5 Decision No 768/2008/EC).

An importer or distributor that sells a product under its own name or trademark, or changes it in a way that can affect compliance, is treated as the manufacturer under the sector legislation that takes over Article R6 of Decision 768/2008 (for example Article 17 of Machinery Regulation (EU) 2023/1230). For products covered by the harmonisation acts listed in Article 4(5) of Regulation (EU) 2019/1020, including machinery, toys, electrical and radio equipment, personal protective equipment and batteries, an economic operator established in the EU must also be responsible for documents and cooperation with authorities (Article 4). These rules decide who is liable when something goes wrong, so they belong in your contracts.

What do we do for manufacturers, importers and distributors?

• Determine which EU and Dutch product rules apply to your product and which role your company has.
• Review technical files, declarations of conformity, instructions and labels from a legal perspective, together with your technical advisers or notified body.
• Draft and negotiate supply, distribution, private label and authorised representative agreements with clear clauses on compliance, documentation, recalls, costs and liability.
• Respond to questions, findings and enforcement decisions of Dutch market surveillance authorities, including objections and appeals.
• Act against competitors who sell non-compliant products, and defend you against such claims.
• Handle recalls and product liability claims, and recover costs from suppliers.

Technical testing and certification remain the work of engineers and notified bodies. Our role is to make sure the legal choices, the contracts and the dealings with authorities hold up if the product is challenged. Facing a question about your CE marking? Contact our product regulation attorneys.

What happens if a product does not comply?

Market surveillance authorities can require corrective action, restrict the product, order withdrawal or recall, and impose sanctions under national law; Member States must act against improper use of the CE marking (Article 30(6) Regulation 765/2008; Regulation 2019/1020).

In the Netherlands, the NVWA supervises consumer products under the Commodities Act and can order a recall of dangerous consumer products (Article 32h Commodities Act); other authorities supervise specific sectors. Enforcement decisions follow Dutch administrative law, with a notice of intent, your view, an objection within six weeks and an appeal (Article 6:7 General Administrative Law Act). See CE marking enforcement in the Netherlands and NVWA enforcement and fines.

Can you act against a competitor without CE marking?

Yes. You can report the product to the competent authority, and in civil proceedings a competitor’s breach of product rules can support a claim for unlawful competition, for example in interim injunction proceedings. Whether such a claim succeeds depends on the facts and on Dutch tort law (Article 6:162 Dutch Civil Code).

Before you start, collect evidence of the product as offered in the Netherlands, such as test purchases and screenshots, and check that your own products are compliant: a competitor who is sued often examines the claimant’s products too.

Practical example: an Asian machinery manufacturer and its Dutch distributor

Suppose an Asian manufacturer of packaging machines sells through a Dutch distributor that rebrands the machines. Because the machines are sold under the distributor’s brand, the distributor is treated as the manufacturer and carries the CE obligations; from 20 January 2027 Article 17 of Machinery Regulation (EU) 2023/1230 says so expressly. Until then, check how the definition of manufacturer in the current Machinery Directive 2006/42/EC applies to the rebranded machines.

The parties agree in the distribution contract that the producer supplies the technical file and test reports, the distributor issues the declaration of conformity under its own name, and the producer indemnifies the distributor for design defects. When a Dutch customer later reports a safety issue, the contract already settles who notifies the authorities, who pays for modifications and who carries the liability.

When should you contact a CE marking lawyer?

Before you launch a product in the EU or change your distribution model, when you sell under your own brand or modify products, when a marketplace, customer or authority questions your CE marking, and when a defect leads to a recall or a claim. Martin Krüger leads our product regulation team; read more on our product regulation attorney page and our overview of product compliance in the Netherlands.