I agree that tools like ChatGPT have a long way to go before their response can be trusted without question, but the response below is from the free version. The $20 a month version might provide a clearer answer. I use ChatGPT as a starting point for topics I have some familiarity with, then I drill down on the details.
I asked ChatGPT “under what conditions should I not apply the CE Mark ?”, and it answered: ===================================================================================== The CE mark is a certification mark that indicates conformity with health, safety, and environmental protection standards for products sold within the European Economic Area (EEA). It demonstrates that a product complies with the relevant EU directives and regulations. However, there are certain conditions or situations where you should not apply the CE mark: 1. Non-conforming products: If your product does not meet the essential requirements or standards specified by the relevant EU directives or regulations, you should not apply the CE mark. It is essential to ensure that your product complies with all applicable requirements before affixing the CE mark. 2. Non-covered products: Some products or product categories may not be covered by specific EU directives or regulations, and therefore, the CE mark may not be applicable to them. Always check whether your product falls under any relevant EU legislation before considering the CE mark. 3. Self-declaration without applicable legislation: In some cases, a manufacturer may incorrectly self-declare conformity and affix the CE mark to a product without any applicable EU directive or regulation. This is not allowed, and the CE mark should only be applied when there is clear and relevant legislation to comply with. 4. Non-EEA sales: The CE mark is primarily intended for products intended for sale within the EEA. If your product is not intended for the EEA market, applying the CE mark may not be necessary. However, you should comply with the regulatory requirements of the specific market where you intend to sell your product. 5. Unauthorized use: The CE mark should only be applied by manufacturers or authorized representatives who have fulfilled the necessary conformity assessment procedures and legal obligations. Unauthorized use of the CE mark is not allowed and can result in legal consequences. 6. False or misleading information: Providing false or misleading information, documentation, or test results to obtain the CE mark is illegal and should not be done under any circumstances. It's crucial to consult with regulatory authorities, experts, or legal counsel knowledgeable about the specific product and its applicable regulations to ensure compliance with CE marking requirements. Incorrectly applying the CE mark can lead to legal consequences, including fines and product recalls. ================================================================================== Ralph From: Charlie Blackham <char...@sulisconsultants.com> Sent: Saturday, October 7, 2023 1:17 AM To: rmm.priv...@gmail.com; EMC-PSTC@LISTSERV.IEEE.ORG Subject: RE: [PSES] AW: [PSES] Directives that require the CE Marking A nice example of why ChatGPT won’t put us all out of a job just yet 😊 Point 9 is wrong – you may not use the CE mark to demonstrate compliance with a “non CE marking” Directive, that is one that does not contain the provision for CE marking within its Articles or Annexes Point 3 does not make it clear that the Directive also includes products that are “likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them” – an example of this would be something like a corporate branded battery pack phone charger which is supplied only on a B2B basis, but is likely to be taken home by the recipient Best regards Charlie Charlie Blackham Sulis Consultants Ltd Tel: +44 (0)7946 624317 Web: https://sulisconsultants.com/ Registered in England and Wales, number 05466247 From: Ralph McDiarmid <rmm.priv...@gmail.com <mailto:rmm.priv...@gmail.com> > Sent: Friday, October 6, 2023 10:59 PM To: EMC-PSTC@LISTSERV.IEEE.ORG <mailto:EMC-PSTC@LISTSERV.IEEE.ORG> Subject: Re: [PSES] AW: [PSES] Directives that require the CE Marking Here’s what ChatGPT told me about this directive: The General Product Safety Directive (2001/95/EC) in the European Union (EU) is a legal framework designed to ensure the safety of consumer products placed on the EU market. It sets out general requirements for the safety of products, regardless of whether specific product safety regulations exist for them. Here are key aspects of the General Product Safety Directive (GPSD): 1. Scope: The GPSD applies to all consumer products, excluding food, pharmaceuticals, medical devices, cosmetics, and chemicals, which are covered by other specific regulations. 2. Safety Requirement: The primary objective of the GPSD is to ensure that products placed on the market are safe for consumers when used under normal or reasonably foreseeable conditions. Manufacturers and distributors have an obligation to provide safe products. 3. Definition of Consumer Products: The directive defines "consumer products" broadly to encompass any product intended for consumers, including both new and second-hand products. 4. Obligations of Economic Operators: Economic operators, including manufacturers, importers, and distributors, must ensure that products they place on the market are safe. They are responsible for assessing and managing risks, monitoring product safety, and taking corrective actions if safety issues arise. 5. Traceability: Economic operators must be able to trace the origin of the products they handle and, if necessary, inform the relevant authorities and consumers about safety issues or recalls. 6. Rapid Alert System: The GPSD establishes a Rapid Alert System for Non-Food (RAPEX) to facilitate the rapid exchange of information about dangerous products among EU member states and the European Commission. This system helps to ensure that dangerous products are quickly removed from the market. 7. Market Surveillance: EU member states are responsible for carrying out market surveillance activities to ensure compliance with the GPSD. They can take measures such as conducting inspections, ordering recalls, or imposing fines for non-compliance. 8. Cooperation with Other EU Legislation: The GPSD complements other EU product safety regulations, such as the Toy Safety Directive or the Machinery Directive. In cases where specific product safety legislation exists, that legislation takes precedence. 9. CE Marking: While the GPSD does not require products to bear the CE marking (a conformity marking indicating compliance with EU safety standards), manufacturers may choose to use it to demonstrate compliance with the directive. 10. Harmonized Standards: Manufacturers can use harmonized European standards to demonstrate compliance with the GPSD's safety requirements. The General Product Safety Directive plays a crucial role in protecting consumers within the EU by establishing a baseline level of safety for a wide range of consumer products. It encourages manufacturers and other economic operators to ensure that their products are safe for use and allows for swift action in the event of safety concerns. It is important to note that the GPSD is subject to updates and amendments to align with changing safety requirements and technological advancements. Ralph From: Dürrer Bernd <bernd.duer...@wilo.com <mailto:bernd.duer...@wilo.com> > Sent: Tuesday, September 19, 2023 6:44 AM To: EMC-PSTC@LISTSERV.IEEE.ORG <mailto:EMC-PSTC@LISTSERV.IEEE.ORG> Subject: [PSES] AW: [PSES] Directives that require the CE Marking Hello Brian, in lack of any more specific EU Directive, a product will be in the scope of the General Product Safety Directive 2001/95/EC ( <https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02001L0095-20100101#tocId3> Consolidated TEXT: 32001L0095 — EN — 01.01.2010 (europa.eu)) that covers any product intended for consumers. As far as I know, the GPSD does neither require a CE Declaration of Conformity, nor CE marking on the product. An overview of EU Directives and applicable harmonized standards may be found at <https://single-market-economy.ec.europa.eu/single-market/european-standards/harmonised-standards_en> Harmonised Standards (europa.eu). Is the product intended to be permanently connected to a potable water supply? If yes, national regulations of EU member countries may apply. Kind regards, Bernd Von: Brian Kunde <bkundew...@gmail.com <mailto:bkundew...@gmail.com> > Gesendet: Dienstag, 19. September 2023 15:31 An: EMC-PSTC@LISTSERV.IEEE.ORG <mailto:EMC-PSTC@LISTSERV.IEEE.ORG> Betreff: [PSES] Directives that require the CE Marking [EXTERNAL E-MAIL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender. I have a non-electrical benchtop product that holds a piece of sandpaper while slowly running water over the sandpaper. The only connection to this product is a water supply at normal water supply pressure. The User holds the item they want to sand in their hand and rubs it back and forth on the sandpaper. It is as simple as that. Is there an EU Directive that covers this type of product and if so, is the Directive part of the CE Scheme? I don't think there is but I am not familiar with all of the EU Directives. So why am I asking? Believe it or not, some Sales and Marketing types like to see the CE Marking on products. They feel it makes things sell better and it avoids uneducated customers from asking why there is no CE marking on the product. Thanks for any advice, ideas, information, or suggestions. The Other Brian _____ This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. 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