Logic Applied to CE Marking

The day long event, organised by EMAP’s Glass Processing & Technology 2005 exhibition with Stephen Lipscombe’s Logic Chain consultancy, provided a platform for government officials, a legal expert, and a leading structural engineer (Tim McFarlane) to educate about the introduction CE Marking and the probably scenario that will arise.

The CE Mark is not a quality mark, it is a statement of fitness for intended use. Testing is mandatory, but marking will be voluntary on glazing products in the UK, and in Ireland. However it is mandatory in France and Germany, which already has mandatory marking schemes.

The difference between the CE Mark and quality is a legal distinction that baffles many. Poor aesthetics (scratches, discoloration, etc) are an example where a product might be fit for purpose but of poor quality.

But because of the nature of glass applications, the CE Mark is bound up with quality. Products with an element of life safety will tend to have a higher level of conformity.

One of the liveliest presentations was by litigation specialist Melanie Willems of Lovells, who warned of the subtle ways that the CE Mark can be imposed in contracts. Contractors can pass on liability, and suppliers can be very much on the back foot if they don’t CE Mark. The manufacturer should mark the product, but when it comes to litigation, the term ‘supply’ will be quite broad.

The scheme will be ‘self policing’ and enforced by Trading Standards, but the typical penalty of three months’ imprisonment or £5,000 for passing off was considered too little by some delegates.

To make life much simpler, a list of all approved products and manufacturers is likely to be posted on a government website. For further information and a list of 27 notified test bodies visit odpm.gov.uk.