CE Mark and Parallel Importing question

[conceptep]

Hi everyone,

I am new to this forum and am thinking of starting an online retail business selling radio controlled models, kits and parts (trying to make money from a hobby, actually!).

My question relates to how I stand with regard to CE marking if I import products directly from outside the EU in order to take advantage of the better prices offered in the Far East.

For example, a certain model kit, complete with radio contol outfit, is available very cheaply from distributers in China, even when I add on VAT, import duty and carriage. The manufacturer in question does have a handful of official UK importers listed on its web site and their products are already available from a number of other retailers in the UK and are CE marked. A distributer in China is able to sell me a full UK spec model, complete with CE mark, and I have no reason to believe that it is not genuine.

However, my understanding is that if the manufacturer doesn't have an "Authorized Representative" in the EU (and the manufacturer in question doesn't, as far as I know, since there is no EU name and address printed anywhere on the packaging or manual - just a CE mark and the manufacturers address in China), then the importer is responsible for all CE mark issues and must hold on file the CE mark certificates and Technical Construction File.

Is my understanding correct? I see lots of retailers, both online and real shops, who stock this model and I am sure many of them must have imported the product directly since their prices are quite low - lower than could be achieved if they were sourced through one of the official UK importers if the prices they have quoted me are anything to go by. Does each and every one of these retailers have to keep a copy of the relevant documents? That would seem a bit of overkill. Or do most importers/retailers just ignore the requirements and hope for the best? I want to do the right thing but don't know what it is.

Thanks in advance for any help.

Mark

 

[charcinders]

As I understand it, the company or person who attaches the CE mark to a product is making a legally binding assertion that the product complies with the relevant EU directives. That company or person must create and keep on file a signed declaration of conformity to that effect, along with all the necessary technical information - design drawings, test results, etc.
It would usually be the manufacturer, but it could also be the importer who attaches the CE mark. You can get a clue which it is in this case by looking at the CE mark on the products that are already on sale in the EU. If the CE mark is indelibly fixed to the product or packaging, then it was put on by the manufacturer, if it is a stick-on label then it may have been done by the importer.
Either way, you are going to have to contact the manufacturer. If they attached the CE mark, then ask them for a copy of the documentation. If they did not, then you will need to get the technical info from them so that you can assess the design and make your own declaration.
You could just stick on a CE mark and hope for the best, I'm sure a lot of importers do. It depends how lucky you feel...

Chris

 

[Mister B]

Although not an expert on this issue, I believe that the legal responsibility lies with the importer, I think that to stick a CE mark on and hope for the best is high risk. Never mind the issues of being caught with dodgy CE markings, there are more than likely safety issues involved as well.

I recently imported some goods from Asia which were CE marked, and during the process of signing the sales contract, I requested copies of all CE certification from the factory involved. All was well so I am okay.

In short, I think that if the factory cannot support the CE marking with the right documentation, then I would stay clear. The other option is to get the CE certification done yourself but I think that this may be cost prohibitive for you.

Hope this helps.

 

[conceptep]

Hi everyone

Just to make it absolutely clear. The product in question does have a CE mark already, put there by the manufacturer and I have no reason to doubt the validity of this. I am sure that they will have followed the correct process. But since they are not based in the EU and have not designated an EU "Authorized Representative" then I believe that all responsibility could fall on me on the importer if there were an issue.

So, are all importers equally responsible - since I believe there are several larger importer already for this product? Or would I alone be responsible if it was one of the products that I sold that was shown to be non-compliant?

Exactly what documentation do I need. I believe I would need a copy of the Declaration of Conformity and the "Technical Construction File". However, since the TCF describes the techical design of the product in detail, I can't imagine that the manufacturer would release this to me.

Any other comments, anyone, and thanks for the help you advice you have given me already.

Mark

 

[conceptep]

...I recently imported some goods from Asia which were CE marked, and during the process of signing the sales contract, I requested copies of all CE certification from the factory involved. All was well so I am okay....

Hi Mister B

Thanks for you help.

Can you tell me what the CE certification documentation consisted of. I am not really sure what I need to ask the supplier for and I probably wouldn't know if it was correct even if it was given to me. What did you get?

Mark

 

[swisslogistics]

Hi

I regularlry import a vast array of good most of which originate from either Hong Kong or China.

From what I have read so far, I would advise the importer to request copies of the CE Certificates and other documents that have been submitted to get CE approval, also I would ask the factory/supplier if there goods have been tested and by which lab eg. SGS.

As the importer YOU are liable if or should anything go wrong, please do not make the mistake of thinking that because a factory has a stamp or a mold with CE on it that the goods have actually passed the required tests, I have seen products in China on a number of occasions that have all the markings one could possibly want but the product is so badly constructed that it is clear the labels, prints etc are fake.

With the current issue of toy saftey in everyones mind, I would advise you to be very careful, if HMRC decide to inspect your goods and submitt a random sample for testing and verification it is YOU that is in the firing line, your chinese suppliers will not want to know.

Request documents, have an independant outfit like SGS run some tests and checks on the goods, keep records and then if everything goes to pot at least you can stand up in court and say well I did everything I possibly could to verify the quality standards of the goods, and not 'But the supplier told me he had a certificate and look its got a sticker on it'.

Also to answer your question about not having an EU Authorised Rep this basically means someone has the rights for distribution of that product in a region, it has nothing to do with the quality of the product, and even the Authorised Rep would be an importer and hence the buck stops with the importer who ever they may be.

Hope that helps!

Best Regards

Khalid

 

[DB79]

....The other option is to get the CE certification done yourself but I think that this may be cost prohibitive for you.

Hope this helps.

Someone told me you can test your product yourself and give it a CE certificate. But you need the right equipment. Does anyone know what equipment you need and how to do it?

 

[DB79]

....The other option is to get the CE certification done yourself but I think that this may be cost prohibitive for you.

Hope this helps.

Someone told me you can test your product yourself and give it a CE certificate. But you need the right equipment. Does anyone know what equipment you need and how to do it?

 

[alvinc]

Hi all,

I'm new to this forum but have been reading some really useful information from bussiness link and UKAS. If you import the goods either get a copy of the CE documentation as has already been stated in the forum or get it done yourself if none is available. It is YOU as the importer that is responsible for accreditation and in the case of something that plugs into the wall socket, for example, exploding in someones face, then you could be in some serious trouble.

A printed 'CE' symbol on your device means nothing if not backed up by the correct documentation, if the manufacturer in say china does not have this documentation you can get it done yourself by going through the UKAS (United Kingdom Accreditation Service) and paying something close to £1000 (based on how much lab time you use). If you can't afford to do this you're better off paying that slightly higher UK supplier price and avoiding extra costs at a later date.