General safety and inspection information
What is it and how does a consumption inspection start? How the administration acts and proceeds when consumer rights are violated.
all product introduced in the domestic market must be insurance. This is established by the Royal Decree 1801 / 2003, of December 26, on general product safety, The purpose of consumer inspection is to verify whether entrepreneurs who sell products or offer services infringe current regulations on the protection of consumers and users.
The General Directorate of Commerce, Consumption and Services, products are analyzed to check if they comply with the labeling and safety regulations. In addition, certain articles that do not comply with the regulations are alerted, the employer is required to solve the problem and even if necessary, they are sanctioned.
The CE marking is a symbol by which the manufacturer or legal entity declares under its responsibility that the product it is marketing, after carrying out an evaluation procedure, has complied with the essential health and safety requirements that are included in the regulation corresponding to the product.
It is not a brand of origin. Namely, does not mean that it has been manufactured in the European Union, hereinafter EU, but rather that the product that has been placed on the EU market complies with European legislation on safety.
It affects products that have a directive that defines specific design, safety and manufacturing requirements.
CE marking It is required, except for products that do not have a directive, called new approach directives, that regulates them and requires that the product must include the CE marking. The moment in which it must be placed is just before it is marketed or put into service in the European Union.
It is independent of whether the product has an economic benefit or is free; and also independent of the sales technique, both in the catalog and in electronic commerce, as long as the final market is the EU.
It is mainly the responsibility of the manufacturer, but also a part of the responsibility of the representative, importer and distributor. Everyone has to ensure that they put a safe product on the market for the end user.
The objective of the CE marking is that everyone plays by the same rules, both manufacturers and end users. We must bear in mind that we are placing products on a market made up of 27 different countries, with 27 legislations, and the idea is unify criteria. Therefore, looking for harmonization both technical and normative.
For this, they created the Directives of New Approach for certain products, which establish safety requirements that are the same in all countries; as well as a common technical environment that guarantees the confidence that the tests carried out in any of these countries have the same validity.
The products that must bear the CE marking are those established in the New Approach Directives, whose origin is the Regulation 765 / 2008 and Decision 768/2008, which include the evaluation procedures.
The list of products affected by New Approach Directives is collected in this link.
If the CE marking is placed on a product that does not have a New Approach Directive, it will be considered misleading the consumer, as the consumer might think that the product complies with legal requirements that do not actually exist. This does not mean that it does not have to comply with any regulations, since any product that can be purchased by a consumer in the EU must comply with the 2001 / 95 / CE Directive, concerning the general safety of the products.
How to identify it
The CE marking has to be placed on the product, but if the product is small it can go in the packaging or in the documentation that accompanies it. When a CE marking is placed on a product, the manufacturer has to ensure that it is visible, legible and indelible.
A product, made up of components or parts that individually have their CE marking, does not guarantee that the CE marking will automatically be given to that product. Each product must be analyzed, either by the manufacturer or by an accredited laboratory and have the certificate that proves that it complies with European regulations.
The CE marking is placed when the product has already been manufactured, its compliance with the corresponding safety regulations has been analyzed and the corresponding documents have been prepared that certify that the product has been manufactured in compliance with the established safety standards.
Among the products affected by New Approach Directives we can find construction products (metal structures, windows, industrial doors, aggregates...); medical devices (medical equipment, health software and app, aesthetic medicine devices...); fireplaces and gas appliances (stoves and boilers, ovens and fireplaces, kitchens…); toys (artisan or electronic); personal protective equipmentl (work helmets and gloves, work clothes, goggles, harnesses, masks and other protectors); machinery (industrial, production lines, agricultural, robots…) or devices (electrical appliances, electronic devices…)
Economic agents involved
One of the determining actors in the process is the manufacturer, which is the natural or legal person that manufactures a product or orders it to be designed in order to introduce it on the market with its name or trademark. The manufacturer will be responsible for following the CE marking process, regardless of whether it is located inside or outside the EU.
People who apply changes to the original product or who place their brand to supply the product, will acquire the same legal obligations as the manufacturer.
Other figures to take into account in the process are the Authorized representative, that it must be established within the EU; the importer, that he is the one who introduces the product into the EU from a third country and that he must assume the responsibility that the product complies with the legislation; and the distributor, who acquires the product to market it and who will also have the obligation to verify that the product is safe.
The labeling of a product must always indicate who is responsible for it within the European Union, and this figure can be the manufacturer, the importer or a legal representative. Your business name and contact address must also appear on the label on the packaging or on the product itself.
The layout of the two letters (CE) forms two circles that touch tangentially and that maintain these proportions, at least 5 millimeters.
La standardization consists of the development of technical norms or standards that indicate how a product should be or how a service should work so that it is safe and responds to what the consumer expects of it.
A standard is a document containing technical specifications based on the results of experience and technological development
The standards arise as a need for safety or improvement of a product, collecting the market consensus on best practices in key aspects for consumer safety and the interests of the whole of society.
La Spanish Association for Standardization, UNE, is the entity legally responsible for the development of standardization in Spain.
All the UNE standards They are the result of dialogue and joint collaboration between the economic sectors, administrations, consumers, universities and research centers.
Understanding the codes of a standard is very easy, since they all have the same structure:
The UNE standards analyze aspects such as safety, quality, accessibility or compatibility.
They regulate all kinds of sectors related to consumers, such as the kitchen (appliances, food); the work (office supplies, writing paper); leisure (playgrounds, accessible tourism); either transport (road safety, passenger transport). Some examples of UNE Standards are UNE-EN 716 for cots, UNE-EN 60335-2-25 for microwaves or UNE-EN 1176 on playgrounds.
Standardization contributes to the protection and safety of people and the environment, promoting the well-being of society.
For more information, see is located here el brochure Prepared by the Federation of Consumers and Users (CECU) and UNE Spanish Standardization.