CE Marking (Art. 29-30)

Overview

The CE marking is the visible sign that a product with digital elements meets all applicable EU requirements. It is mandatory before a product is placed on the EU market. The CE marking does not refer exclusively to the CRA but to all EU harmonisation legislation applicable to the product.

LEGAL BASIS

Art. 29 CRA: "The CE marking shall be affixed visibly, legibly, and indelibly to the product with digital elements before it is placed on the market. Where that is not possible or not warranted on account of the nature of the product, it shall be affixed to the packaging or to the accompanying documents."

Art. 30 CRA: The CE marking is subject to the general principles set out in Art. 30 of Regulation (EC) No 765/2008.

Regulation (EC) No 765/2008, Art. 30: General principles of the CE marking (proportions, minimum size, visibility).

What the CE Marking Signifies

The CE marking confirms that:

1. The product meets the essential requirements of all applicable EU harmonisation legislation
2. The prescribed conformity assessment has been properly carried out
3. An EU declaration of conformity (DoC) has been issued
4. The manufacturer assumes full responsibility for conformity

NOT A QUALITY MARK

The CE marking is not a quality seal and not a certificate issued by an independent body (except where Module B+C or H applies). It is a manufacturer's declaration of compliance with EU requirements.

When Is the CE Marking Affixed?

The CE marking may only be affixed when:

• [ ] The conformity assessment has been successfully completed (Module A, B+C, or H)
• [ ] The EU declaration of conformity pursuant to Art. 28 / Annex V has been drawn up
• [ ] The technical documentation pursuant to Annex VII is complete
• [ ] All essential requirements from Annex I (Part I and Part II) are met
• [ ] Where external assessment applies: The certificate from the notified body has been obtained

Physical Requirements

Pursuant to Regulation (EC) No 765/2008 and Art. 29-30 CRA:

Requirement	Specification
Minimum size	5 mm height (for physical affixing)
Proportions	Uniform enlargement/reduction while maintaining the aspect ratio
Visibility	Affixed in a visible location
Legibility	Easily legible
Indelibility	Not easily removable (indelible)
Language	No language requirement (universal symbol)

Where to Place the CE Marking

Hardware / Physical Products

1. On the product itself -- preferred
2. On the packaging -- where affixing to the product is not possible or not warranted (e.g., too small, unsuitable material)
3. In the accompanying documents -- supplementary, not as the sole placement

Software Products

As software has no physical substrate, special provisions apply:

Placement	Description	Recommendation
About dialog	In the "About" window or the info page of the application	Recommended
README	In the README file of the repository or release bundle	Recommended
Product documentation	In the user or installation documentation	Required
Digital user interface	In the application interface (footer, settings)	Recommended
Product website	On the download or product page	Supplementary
Release notes	In the release notes of each release	Supplementary

Container Images

For containerised software:

Placement	Technical Implementation
OCI annotations	org.opencontainers.image.ce-marking: "true"
OCI labels	Label in Dockerfile: LABEL eu.cra.ce-marking="conformant"
Image documentation	README of the container image repository
Helm Chart / Manifest	In the metadata of the deployment configuration

Firmware

Placement	Description
Device itself	CE marking on the physical device containing the firmware
User interface	In the web interface or configuration interface of the device
Update portal	On the download page for firmware updates

Additional Markings

Notified Body Identification Number

Where a notified body was involved in the conformity assessment (Module B+C or Module H), its four-digit identification number must be placed immediately after the CE marking:

CE 1234

• The identification number is affixed by the notified body itself or on its instructions
• The number can be verified via the EU Commission's NANDO database

MODULE A

For self-assessment under Module A, no identification number is affixed. The CE marking stands alone.

Manufacturer Details

In addition to the CE marking, the following must be indicated:

• Name or trademark of the manufacturer
• Postal address of the manufacturer (or of the Authorised Representative)
• Unique product identification (type, version, serial number)

Prohibited Markings

PROHIBITED

The following markings are impermissible and may lead to penalties:

• Misleading markings that may be confused with the CE marking (e.g., "China Export" mark)
• CE marking without a completed conformity assessment
• CE marking that does not cover all applicable directives (only CRA but not other relevant regulations)
• Identification number of a notified body not involved
• Manipulated or counterfeit CE markings

Relationship to the EU Declaration of Conformity

The CE marking and the EU declaration of conformity (DoC) are inseparably linked:

CE Marking	EU Declaration of Conformity
Visible sign on the product	Formal document of the manufacturer
Implicitly references the DoC	Must contain all conformity details
No substantive information	Contains product identification, standards, signature
Mandatory on the product	Mandatory as accompanying document (or URL thereto)

The CE marking may only be affixed where a valid EU declaration of conformity exists. Conversely, the DoC without the CE marking is incomplete.

Template: EU Declaration of Conformity Template

Market Surveillance and Missing CE Marking

Art. 56 -- Formal Non-Conformity

A missing, defective, or misleading CE marking constitutes formal non-conformity:

Violation	Consequence
CE marking missing	Authority demands affixing; if not complied with: distribution stop
CE incorrectly affixed (proportions, visibility)	Correction within set deadline
CE without conformity assessment	Distribution stop + possible penalties
Misleading marking	Penalties up to EUR 5 million or 1% of annual turnover
Notified body identification number missing (for Module B+C/H)	Formal non-conformity

Procedure for Formal Non-Conformity

Authority determines formal non-conformity
    |
    +-- Manufacturer informed (with deadline)
    |
    +-- Manufacturer establishes formal conformity
    |   +-- Conformity established --> Procedure closed
    |   +-- Not established --> Measures
    |       +-- Distribution stop
    |       +-- Withdrawal / recall
    |       +-- Penalties

Details: Market Surveillance (Art. 52-58)

BAUER GROUP Implementation

Software Products

Product Type	CE Marking Placement	Implementation
Web applications	About dialog, footer	Display "CE" with link to DoC
Desktop applications	About dialog, splash screen	CE logo in info section
CLI tools	README, --version output	CE note in version information
Libraries/SDKs	README, package metadata	CE reference in package.json, pom.xml, etc.

Container Images

Measure	Implementation
OCI annotation	org.opencontainers.image.ce-marking in image metadata
Dockerfile label	LABEL eu.cra.ce-marking="conformant"
Image README	CE marking in the repository README
Helm Chart	CE annotation in Chart.yaml metadata

Firmware

Measure	Implementation
Device labelling	CE mark on the physical device
Web interface	CE note in the admin panel / info page
Update documentation	CE reference in the release notes

Checklist: CE Marking

Before Affixing

• [ ] Conformity assessment successfully completed
• [ ] EU declaration of conformity drawn up and signed
• [ ] Technical documentation complete (Annex VII)
• [ ] All applicable EU harmonisation legislation considered (not only CRA)
• [ ] For Module B+C/H: Certificate from the notified body obtained

Correct Affixing

• [ ] CE marking visible, legible, and indelible
• [ ] Minimum size of 5 mm maintained (for physical products)
• [ ] Proportions correct
• [ ] Notified body identification number present (if applicable)
• [ ] Manufacturer details next to the CE marking
• [ ] Product identification present

Software-Specific

• [ ] CE marking in the About dialog / info page
• [ ] CE marking in the documentation
• [ ] CE reference in README / release notes
• [ ] For containers: OCI annotations / labels set
• [ ] Link to EU declaration of conformity available

Ongoing

• [ ] CE marking verified with each release
• [ ] For new product versions: conformity reconfirmed
• [ ] No misleading markings present
• [ ] Documentation up to date

Cross-References

• EU Declaration of Conformity
• Self-Assessment (Module A)
• EU Type Examination (Module B+C)
• Full Quality Assurance (Module H)
• Product Classification
• Market Surveillance (Art. 52-58)
• Importer Obligations (Art. 15)