§4.5.1.2 Relationship to existing legislation

— Regulation (EC) No 765/2008 lays down the general principles governing the CE marking while Decision No 768/2008/EC provides for rules governing its affixing. — Sectoral Union harmonisation texts providing for CE marking are based on Regulation (EC) No 765/2008 and Decision No 768/2008/EC. Regulation (EC) No 765/2008 lays down the definition, the format and the general principles governing the CE marking. Decision No 768/2008/EC provides for conformity assessment procedures that lead to its affixing. The sectoral Union harmonisation legislation providing for the affixing of the CE marking mostly follows the principles of the Regulation (EC) No 765/2008 and Decision No 768/2008/EC. As a general rule (235) the CE marking can be introduced in a Union legislative act as legal conformity marking if: — the method of total harmonisation is used, which means that diverging national regulations that cover the areas as the legislative act in question are prohibited; — the Union harmonisation act contains conformity assessment procedures according to Decision No 768/2008/EC. However there is an exception to this rule. In duly justified cases a total harmonisation piece of legislation that follows Decision No 768/2008/EC may provide for a different marking instead of the CE marking. For example the Directive on marine equipment does not provide for a CE marking, but for a specific conformity mark - the wheel mark. - The use of the wheel mark also is subject to the general principles set out in Regulation (EC) No 765/2008 and Decision No 768/2008/EC and any reference to CE marking is to be construed as a reference to the wheel mark. Similarly, for transportable pressure equipment, the ‘Pi’ marking is required instead of the CE marking.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07