A company incorporating a CE marked appliance (e.g. a motor) into its product (e.g. a chiller) may rely on the CE marking of that product (in combination with its declaration of conformity) to represent that the manufacturer, importer or authorised representative of the appliance (motor) has fulfilled all relevant CE marking obligations.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.
Regulation (EU)2019/1781 specifies the product information requirements for motors in Annex I, point 2:
'The product information requirements set out in points (1) to (13) below shall be
visibly displayed on:
- (a) the technical data sheet or user manual supplied with the motor, unless an internet link to that information is supplied with the product. A QR code may in addition be supplied with a link to the information;
- (b) the technical documentation for the purposes of conformity assessment pursuant to Article 5;
- (c) free access websites of the manufacturer of the motor, its authorised representative or the importer, and;
- (d) the technical data sheet supplied with products in which the motor is incorporated.'
Recent inspection revealed an importer not having any of the required information visible on the website, however at the same time the website did not inform about which models were for sale in the assortment. The products were not described or listed on the website, and one could not download a catalogue: the suppliers simply informed in general term about their assortment of high efficiency standard 3-phased electric motors, however not one single model name was mentioned on the website. It says to call for further information.
Is an importer or a manufacturer obliged to display the assortment and the product information in some format on their public accessible website?
Union harmonisation legislation applies to products that are intended to be placed on the EU market. Obviously, the importer has the intention to place electric motors on the EU market. The Ecodesign Directive (art 4) stipulates that for imported goods the importer is responsible of compliance, in the absence of an authorized representative.
The importer has to comply with Regulation (EU)2019/1781, unless he can demonstrate that all products he offers on the EU market are out of scope, or that there is an authorised representative in the EU. Therefore in the absence of a an authorised representative in the EU, the importer is obliged to list motors in scope of 2019/1781 he is offering to the EU market, with product information on its free access website. If there is an authorised representative, its details and website should be indicated on the importer’s website, so that compliance can be proven.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.
Annex I, 2 'Product information requirements on motors' specifies that the year of manufacture and other relevant information "shall be durably marked on or near the rating plate of the motor. Where the size of the rating plate makes it impossible to mark all the information only the rated efficiency at full rated load and voltage shall be marked". Some economic operators consider that this information is allowed to be missing on the nameplate of the motor when the year of manufacture is marked in an encrypted way. The year of manufacture is thus identifiable, at least for the manufacturer.
The year of manufacture is not only meant for the manufacturer. For market surveillance authorities and consumers the year of manufacture must also be apparent. If it is not practical to declare the full year of production according to the specification (for example, very small motors), the information can be given in code form if this code is explained in an accompanying written information. In this accompanying written information the date must also be declared in an unencrypted form.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.
No, it is not allowed to place non-compliant electric motors on the EU market : A product intended to be placed on the Union market, offered in a catalogue or online, has to comply with Union harmonisation legislation.
Where a product is not intended for the Union market or is not compliant with the applicable Union legislation, this has to be clearly indicated (e.g. by providing a visual warning).
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.