EdLaw
EU declaration, CE marking, penalties
The EU declaration of conformity, CE marking rules, formal non-compliance and national penalties.
Article 15 — EU declaration of conformity
Verbatim from EUR-Lex (Directive 2014/30/EU (EMC) 02014L0030-20260530), via the Publications Office Cellar API.
1. The EU declaration of conformity shall state that the fulfilment of the essential requirements set out in Annex I has been demonstrated.
2. The EU declaration of conformity shall have the model structure set out in Annex IV, shall contain the elements specified in the relevant modules set out in Annexes II and III and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the apparatus is placed or made available on the market.
3. Where apparatus is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the Union acts concerned including their publication references.
4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the apparatus with the requirements laid down in this Directive.
Article 16 — General principles of the CE marking
Verbatim from EUR-Lex (Directive 2014/30/EU (EMC) 02014L0030-20260530), via the Publications Office Cellar API.
The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.
Article 17 — Rules and conditions for affixing the CE marking
Verbatim from EUR-Lex (Directive 2014/30/EU (EMC) 02014L0030-20260530), via the Publications Office Cellar API.
1. The CE marking shall be affixed visibly, legibly and indelibly to the apparatus or to its data plate. Where that is not possible or not warranted on account of the nature of the apparatus, it shall be affixed to the packaging and to the accompanying documents.
3. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.
Article 40 — Formal non-compliance
Verbatim from EUR-Lex (Directive 2014/30/EU (EMC) 02014L0030-20260530), via the Publications Office Cellar API.
1. Without prejudice to Article 38, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:
- (a) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 17 of this Directive;
- (b) the CE marking has not been affixed;
- (c) the EU declaration of conformity has not been drawn up;
- (d) the EU declaration of conformity has not been drawn up correctly;
- (e) technical documentation is either not available or not complete;
- (f) the information referred to in Article 7(6) or Article 9(3) is absent, false or incomplete;
- (g) any other administrative requirement provided for in Article 7 or Article 9 is not fulfilled.
2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the apparatus being made available on the market or ensure that it is recalled or withdrawn from the market.
Article 42 — Penalties
Verbatim from EUR-Lex (Directive 2014/30/EU (EMC) 02014L0030-20260530), via the Publications Office Cellar API.
Member States shall lay down rules on penalties applicable to infringements by economic operators of the provisions of national law adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced. Such rules may include criminal penalties for serious infringements.
The penalties provided for shall be effective, proportionate and dissuasive.
Sources
Meta
All text above is reproduced verbatim from the EUR-Lex consolidated text (CELEX 02014L0030-20260530), extracted mechanically via the Publications Office Cellar API — see tools/eur-lex/build_eu_product_safety.py, whose verify mode confirms every source paragraph appears verbatim. Do not hand-edit article or annex text. On the next amendment, adopt the new consolidation id in the script deliberately. Consolidation markers (▼M/▼B) are stripped as apparatus. Anchors: official ELI unit ids (e.g. {#art_9}, valid as EUR-Lex HTML fragments) plus derived paragraph/point anchors from printed labels.