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CE marking scope: which products, where and when

CE marking is not a general quality label. Article 30(2) of Regulation (EC) No 765/2008 allows it only on products for which a Union harmonisation act provides for it, and forbids it on every other product. Whether your product needs it therefore depends on three things the texts define precisely: which acts cover it, whether it is made available on the Union market, and on what date each unit is placed on the market. This page reads those definitions from the acts and from the Commission Blue Guide (2022 edition) as they stand on 7 October 2026, and corrects the readings the texts contradict.

The rule: CE marking only where an act provides for it

Section titled “The rule: CE marking only where an act provides for it”

Two sentences of Regulation 765/2008 frame the whole question. Article 30(2): the CE marking "shall be affixed only to products to which its affixing is provided for by specific Community harmonisation legislation, and shall not be affixed to any other product". Article 30(3): by affixing it, the manufacturer takes responsibility for conformity with all the applicable acts that provide for it. The Blue Guide (section 4.5.1.6) draws the practical consequence: not all products have to be CE marked, and a product may not be CE marked unless an act covering it provides for the marking.

For electronics, these are the acts that provide for the marking, with the article that sets their scope and the article that sets the marking.

ActScope articleCE marking articleStatus on 7 October 2026
Directive 2014/53/EU (RED)Art. 1, 2(1)(1), Annex IArt. 19 and 20Applies. Points (d), (e) and (f) of Art. 3(3) apply since 1 August 2025 to the categories in Delegated Regulation (EU) 2022/30, which is repealed from 11 December 2027
Directive 2014/30/EU (EMC)Art. 2 and 3Art. 16 and 17Applies, except to equipment covered by the RED (Art. 2(2)(a))
Directive 2014/35/EU (LVD)Art. 1, Annex IIArt. 16 and 17Applies to equipment rated 50 to 1 000 V AC or 75 to 1 500 V DC, except radio equipment (RED Art. 1(4))
Directive 2011/65/EU (RoHS)Art. 2, Annex IArt. 14 and 15Applies
Ecodesign: Directive 2009/125/EC measures and Regulation (EU) 2024/1781 (ESPR)ESPR Art. 1; measures per product groupESPR Art. 45 and 46ESPR in force since 18 July 2024. Directive 2009/125/EC is repealed from that date, but its provisions, CE marking included, keep applying to products covered by its implementing measures until those are repealed (ESPR Art. 79)
Machinery: Directive 2006/42/EC then Regulation (EU) 2023/1230Reg. Art. 2Reg. Art. 23 and 24Directive until 19 January 2027, Regulation from 20 January 2027
Toys: Directive 2009/48/EC then Regulation (EU) 2025/2509Reg. Art. 2Reg. Art. 17 and 18Directive until 31 July 2030, Regulation from 1 August 2030 (Art. 56 and 59)
Regulation (EU) 2023/1542 (Batteries)Art. 1Art. 19 and 20Applies since 18 February 2024; conformity assessment (Art. 17) since 18 August 2024 (Art. 96)
Regulation (EU) 2024/2847 (CRA)Art. 2Art. 29 and 30Reporting obligations since 11 September 2026; full application on 11 December 2027
Regulation (EU) 2017/745 (MDR)Art. 1 and 2Art. 20Applies; custom-made and investigational devices are not CE marked (Art. 20(1))

Other CE acts apply by product family: pressure equipment Directive 2014/68/EU, ATEX Directive 2014/34/EU, lifts Directive 2014/33/EU, simple pressure vessels Directive 2014/29/EU, measuring instruments, gas appliances and others.

What applies to electronics without giving a CE marking

Section titled “What applies to electronics without giving a CE marking”

Several obligations that every electronics manufacturer meets are not CE marking acts. Listing them in the declaration of conformity, or presenting the CE marking as proof of compliance with them, is a mistake.

TextWhat it coversCE marking?
Regulation (EC) No 1907/2006Chemicals, including substances of very high concern in articlesNo
Directive 2012/19/EU (WEEE)Collection and treatment of waste equipment, with its own crossed-out wheeled bin symbolNo
Regulation (EU) 2023/988 (GPSR)Safety of consumer products, for risks not covered by specific Union lawNo
Energy labelling Regulation (EU) 2017/1369Energy label for the listed product groupsNo, a separate label
Regulation (EU) 2016/679 (GDPR)Personal data processingNo

When the RED takes over the LVD and the EMC Directive

Section titled “When the RED takes over the LVD and the EMC Directive”

A radio product does not stack three directives. RED Article 1(4) says radio equipment in its scope "shall not be subject to Directive 2014/35/EU, except as set out in point (a) of Article 3(1)", and EMC Directive Article 2(2)(a) excludes equipment covered by the radio directive. The RED then imports the LVD safety objectives with no voltage limit (Art. 3(1)(a)) and the EMC requirements (Art. 3(1)(b)). The full mechanics, with the exclusion lists of each act, are in which EU directives apply to my product.

  1. Does at least one act providing for CE marking cover the product? Read each scope article and its exclusion list against the product as the manufacturer presents it. If none covers it, Article 30(2) of Regulation 765/2008 forbids the marking.
  2. Is the product made available on the Union market? That means supplied for distribution, consumption or use on the Union market in the course of a commercial activity, for payment or free of charge (Regulation 765/2008, Art. 2(1)). Supplies made with the aim of exporting the final product outside the Union are not making available (Blue Guide, section 2.2).
  3. On what date is each unit placed on the market? Placing on the market is the first making available (Art. 2(2)). The Blue Guide (section 2.3) is explicit that it applies to each individual unit, not to a model: units of a model already on sale must meet new requirements if they are placed on the market after those requirements apply.

The Blue Guide (section 2.9) sets the territorial reach.

TerritoryPosition under Union harmonisation legislation
27 Member StatesApplies, including Guadeloupe, French Guiana, Martinique, Réunion, Mayotte, Saint-Martin, the Azores, Madeira and the Canary Islands (Art. 355(1) TFEU)
Overseas countries and territories, Faroe Islands, GreenlandDoes not apply (for example New Caledonia, French Polynesia, Saint Pierre and Miquelon, Saint-Barthélemy, Aruba, Curaçao)
Iceland, Liechtenstein, NorwayApplies through the EEA Agreement, in force since 1 January 1994
TürkiyeCustoms union since 1995 (Decision 1/95); Türkiye aligns with EU product legislation, CE marking requirements included
Monaco, San Marino, AndorraCustoms union arrangements; products from these countries must comply with EU law to be made available in the Union
Northern IrelandUnion harmonisation legislation applies under the Protocol on Ireland and Northern Ireland. Products certified by a notified body in Northern Ireland carry "UK(NI)" next to the CE marking and are valid there only
Great BritainThird country for EU law since 1 February 2020. UK guidance lets most product types be placed on the GB market under the UKCA or the CE regime
SwitzerlandNot in the EEA and no customs union. The EU and Switzerland Mutual Recognition Agreement (in force since 1 June 2002) recognises conformity assessment in the sectors it lists, including electrical safety, EMC, machinery, toys and, partially, medical devices

The detail for Great Britain is in the UKCA vs CE comparison.

"Placing on the market" is the date that freezes the applicable requirements. The Blue Guide (section 2.3) requires an offer or agreement to transfer ownership, possession or another right in a product whose manufacturing stage is complete; physical handover is not needed. An order for a product still to be built is not a placing on the market.

The Blue Guide examples (sections 2.4, 2.5 and 2.12) fix the date for the usual channels:

ChannelDate of placing on the market
EU manufacturer ships to its own distribution branchDate of first supply for distribution, even inside the same group
Non-EU product imported by an EU importerGenerally the release for free circulation
Non-EU seller stocks goods at an EU fulfilment service providerRelease for free circulation, even if online sales start later
End user in the EU buys online directly from a seller outside the EUWhen the order is placed and confirmed for a unit already manufactured and ready to ship, which can be before customs
Manufacturer supplies its own products to its employeesDate of that supply

The Blue Guide (section 2.3) lists the cases where no placing on the market takes place:

  • a product manufactured for own use, unless the act covers own use;
  • a product bought by a consumer while in a third country and brought into the EU for personal use;
  • transfer from a non-EU manufacturer to its authorised representative in the Union;
  • goods in transit, free zones, warehouses, temporary storage or other special customs procedures;
  • products manufactured for export to a third country, including components for a final product to be exported;
  • transfer for testing or validating pre-production units still considered at the manufacturing stage;
  • display or operation under controlled conditions at trade fairs, exhibitions or demonstrations;
  • stock of the manufacturer, authorised representative or importer not yet supplied for distribution, consumption or use.

Each act states the condition for showing a non-compliant product.

ActArticleCondition
REDArt. 9(2)Visible sign that the equipment may not be made available or put into service until brought into conformity; demonstrations need measures, as prescribed by Member States, against harmful interference, disturbances and risks
EMC DirectiveArt. 5(3)Same visible sign; demonstration only with adequate measures against electromagnetic disturbances
Machinery Regulation 2023/1230Art. 4(2)Visible sign that the product does not comply and will not be made available until it does
Toys Regulation 2025/2509Art. 4(2)Same, for toys
Batteries RegulationArt. 4(2)Same, plus adequate measures for the safety of persons during demonstrations
CRAArt. 4(2)Same, explicitly including prototypes
ESPRArt. 3(5)Visible sign that the products do not comply with the delegated act and are not for sale

Exclusions that decide most borderline cases

Section titled “Exclusions that decide most borderline cases”
  • Defence and security radio. The RED does not apply to radio equipment used exclusively for public security, defence and State security activities (Art. 1(3)). A product sold on the civil market is not covered by this exclusion.
  • Evaluation kits. Custom-built evaluation kits destined for professionals, used solely at research and development facilities, are outside the LVD (Annex II), the EMC Directive (Art. 2(2)(e)) and the RED (Annex I).
  • Research equipment. RoHS excludes equipment designed solely for research and development and made available only business to business (Art. 2(4)(j)); the Machinery Regulation excludes machinery specially designed and constructed for research purposes for temporary use in laboratories (Art. 2(2)(m)).
  • Fixed installations. Under the EMC Directive, a fixed installation need not carry the CE marking or an EU declaration of conformity (recital 36), and apparatus intended for one particular fixed installation and not otherwise made available is relieved of the apparatus obligations, provided its documentation identifies the installation and the precautions to take (Art. 19(1)).
  • Custom-made medical devices. They follow the Annex XIII procedure with a statement instead of the CE marking (MDR Art. 20(1) and 52(8)). This exception belongs to the MDR; custom-made products under other acts are not excluded, since placing on the market applies to each unit "whether it was manufactured as an individual unit or in series" (Blue Guide, section 2.2).

The Blue Guide (section 2.1) says Union harmonisation legislation applies to finished products as each act defines them, and that the notion of product varies between acts. Under some acts, components or sub-assemblies are themselves finished products and must comply when first supplied.

  • EMC Directive. Components or sub-assemblies intended for incorporation into an apparatus by the end user count as apparatus (Art. 3(2)). A component sold only to professional integrators is not in that definition.
  • RED. Radio equipment is any electrical or electronic product that intentionally emits or receives radio waves for radio communication or radiodetermination, including one that must be completed with an accessory such as an antenna (Art. 2(1)(1)). The scope test of the definition, not the word "module", decides.
  • Combinations. When a manufacturer combines products into one finished product, it is responsible for the whole, its declaration of conformity and its CE marking. "The fact that components or parts are CE marked does not automatically guarantee that the finished product also complies" (Blue Guide, section 2.1). The manufacturer of the final product may rely on the conformity assessment of an integrated product when building its own file.
  • Several CE markings on one product. A product that is final for one act and is then built into another final product under a different act can end up with more than one CE marking (Blue Guide, section 4.5.1.6).
SituationWhat the texts say
Product already with an end user in the EUUnion harmonisation legislation no longer applies once the product reaches the end user; operations by the end user are not subject to it (Blue Guide, section 2.1)
Used product imported from a third countryTreated as placed on the market for the first time: it must comply, even if made before the act applied, including products prepared for re-use from WEEE (Blue Guide, sections 2.1 and 2.5)
Repair with identical or similar spare partsNot a new product, no new conformity assessment, even if the spare part performs better through technical progress (Blue Guide, section 2.1)
Important change or overhaulNew product only if all three conditions are met: original performance, purpose or type modified beyond the initial risk assessment; hazard changed or risk increased; product made available. The person making the change then has the manufacturer obligations
Software updateSame three conditions; otherwise it counts as maintenance (Blue Guide, section 2.1)
Modified product sold under another name or trademarkConsidered new and subject to the legislation (Blue Guide, section 2.1)
Second-hand consumer products sold in a commercial activityThe GPSR is intended to cover them, except products clearly presented as needing repair or reconditioning (GPSR recital 49)

Where a modified product is new, only the parts of the technical documentation affected by the change need updating, and it is up to the person making the change to show which parts are not affected (Blue Guide, section 2.1).

Private label and OEM: who is the manufacturer

Section titled “Private label and OEM: who is the manufacturer”

Decision 768/2008/EC (Annex I, Article R1) defines the manufacturer as "any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under his name or trademark". Article R6 makes an importer or distributor a manufacturer when it places a product on the market under its own name or trademark, or modifies it so that compliance may be affected.

The Blue Guide (section 3.1) spells out the consequences:

  • the company whose name or trademark is on the product is the manufacturer and carries the entire responsibility for conformity assessment, even if another company designed and built it;
  • it must hold all the documentation and certificates that demonstrate conformity, which do not need to be in its name, but must clearly cover the specific product placed on the market;
  • where manufacturing is subcontracted, the manufacturer must keep overall control and cannot discharge its responsibilities onto a subcontractor, distributor or authorised representative.

The same company signs the DoC and affixes the CE marking (Regulation 765/2008, Art. 30(1); Blue Guide, section 4.5.1.3).

Targeting test. Products offered online are deemed made available on the market if the offer targets end users in the Union, which is the case when the operator directs its activities, by any means, to a Member State (Regulation (EU) 2019/1020, Art. 6). The Blue Guide (section 2.4) lists the indicators: delivery possible to the EU, EU languages, payment by EU end users. A website being merely accessible is not enough.

An EU economic operator. Since 16 July 2021, a product subject to the acts listed in Article 4(5) of Regulation 2019/1020 (including the RED, EMC Directive, LVD, RoHS, Directive 2009/125/EC, Directive 2006/42/EC and Directive 2009/48/EC) may be placed on the market only if an economic operator established in the Union is responsible for the tasks in Article 4(3). That operator is, in order:

  1. a manufacturer established in the Union;
  2. an importer, where the manufacturer is not established in the Union;
  3. an authorised representative with a written mandate;
  4. a fulfilment service provider established in the Union, for the products it handles, where none of the above is established in the Union.

Its name and contact details, postal address included, go on the product, its packaging, the parcel or an accompanying document (Art. 4(4)).

Marketplaces. The Digital Services Act applies from 17 February 2024 (Art. 93). Platforms that let consumers conclude distance contracts with traders must collect trader identity, contact, payment and register details and a self-certification of compliance with Union law before the trader can sell (Art. 30), and design their interface so traders can show the economic operator details and the marking and labelling required by product law (Art. 31).

DateChangeSource
18 February 2024Batteries Regulation applies (conformity assessment from 18 August 2024)Regulation 2023/1542, Art. 96
17 February 2024Digital Services Act applies to all providersRegulation 2022/2065, Art. 93
18 July 2024ESPR in force; Directive 2009/125/EC repealed, with its existing measures keptRegulation 2024/1781, Art. 79
13 December 2024GPSR appliesRegulation 2023/988
28 December 2024Common charger (USB Type-C) applies to the categories in RED Annex Ia, except laptopsDirective (EU) 2022/2380
1 August 2025RED Art. 3(3)(d), (e) and (f) apply to the categories in Delegated Regulation 2022/30Delegated Regulation 2022/30
28 April 2026Common charger applies to laptopsDirective (EU) 2022/2380
11 September 2026CRA reporting obligations applyRegulation 2024/2847, Art. 71
20 January 2027Machinery Regulation applies; Directive 2006/42/EC repealedRegulation 2023/1230, as corrected (OJ L 169, 4.7.2023)
11 December 2027CRA applies in full; Delegated Regulation 2022/30 repealedRegulation 2024/2847, Art. 71; Delegated Regulation 2026/339
1 August 2030Toys Regulation applies; Directive 2009/48/EC repealedRegulation 2025/2509, Art. 56 and 59

The date that counts for a product is the placing on the market of each unit, not the date the model was launched (Blue Guide, section 2.3). After a transitional period, units made under the old rules can no longer be placed on the market, while units placed on the market before its end may still be made available (Blue Guide, section 2.10).

Worked example: a Wi-Fi LED bulb for consumers

Section titled “Worked example: a Wi-Fi LED bulb for consumers”
AspectApplicable textCE marking act?
Wi-Fi transmitter and receiverREDYes
Electrical safety at 230 VRED Art. 3(1)(a), with no voltage limit; LVD excluded by RED Art. 1(4)Through the RED
Electromagnetic compatibilityRED Art. 3(1)(b); EMC Directive excluded by its Art. 2(2)(a)Through the RED
Internet connectionRED Art. 3(3)(d) via Delegated Regulation 2022/30 until 10 December 2027, then the CRAYes
Restricted substancesRoHSYes
Light source efficiencyEcodesign Regulation (EU) 2019/2020 on light sources, adopted under Directive 2009/125/ECYes
Energy labelRegulation (EU) 2019/2015, under Regulation 2017/1369No
Substances of very high concernREACHNo
WasteWEEE Directive 2012/19/EUNo
Personal data in the appGDPRNo

One EU declaration of conformity covers the CE acts (RED, RoHS, the ecodesign measure). The other texts are separate obligations with their own documents and labels.

Common claimWhat the text says
"REACH is one of the CE marking acts for electronics" (this page said so before)REACH does not provide for CE marking. Article 30(2) of Regulation 765/2008 forbids the marking where no act provides for it
"Custom machines integrated into an industrial site are excluded from the Machinery Directive" (this page said so before)No such exclusion exists. The research exclusion covers machinery for temporary use in laboratories (Reg. 2023/1230, Art. 2(2)(m)); placing on the market applies to units made individually or in series
"A product sold online is placed on the market at order, not at delivery" (this page said so before, for every online sale)Only for a direct sale from outside the EU of a unit already manufactured and ready to ship. Stock at an EU fulfilment centre is placed on the market at release for free circulation; goods already placed by an EU manufacturer or importer are not placed again (Blue Guide, section 2.4)
"Placing on the market happens at invoicing between manufacturer and distributor"The Blue Guide (section 2.3) ties it to the offer or agreement to transfer a finished product, without requiring handover; invoicing is not the test
"A pre-production batch given to beta testers is under CE if it leaves the premises" (this page said so before)Transfer for testing or validating pre-production units considered still at the manufacturing stage is not a placing on the market (Blue Guide, section 2.3)
"The Machinery Regulation applies from 14 January 2027"The corrigendum in OJ L 169 of 4 July 2023 replaced those dates: the Regulation applies from 20 January 2027
"RED 3.3 cybersecurity applies to all connected radio products" (this page said so before)Only points (d), (e) and (f), and only for the categories in Delegated Regulation 2022/30, which is repealed from 11 December 2027 when the CRA applies in full
"Article 4 of Regulation 2019/1020 requires an EU operator for every product"It applies only to products under the acts listed in Article 4(5)
"CE marked components make the finished product compliant"Blue Guide, section 2.1: CE marked parts do not automatically guarantee the finished product complies; the manufacturer of the combination is responsible
"Repair always triggers a new conformity assessment"Repairs with identical or similar parts do not, even after the act changed (Blue Guide, section 2.1)
  1. List every act that provides for CE marking and whose scope covers the product, then remove those excluded by another act (RED over LVD and EMC).
  2. Keep REACH, WEEE, the GPSR, energy labels and the GDPR in the plan, but out of the CE marking reasoning.
  3. Date each unit, not the model: the placing on the market of the unit decides which version of the rules applies.
  4. If the manufacturer is outside the EU, name the Article 4 economic operator before the first unit ships.
  5. For private label, rebranding or substantial modification, the company whose name is on the product is the manufacturer.

Sources & references

  1. Regulation (EC) No 765/2008, Articles 2 and 30 (definitions, general principles of the CE marking), EUR-Lex eur-lex.europa.eu/eli/reg/2008/765/oj
  2. Decision No 768/2008/EC, Annex I, Articles R1 and R6, EUR-Lex eur-lex.europa.eu/eli/dec/2008/768/oj
  3. The 'Blue Guide' on the implementation of EU product rules 2022 (OJ C 247, 29.6.2022), sections 2, 3.1 and 4.5.1, European Commission eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52022XC0629(04)
  4. Regulation (EU) 2019/1020 on market surveillance, Articles 4, 6 and 44, EUR-Lex eur-lex.europa.eu/eli/reg/2019/1020/oj
  5. Regulation (EU) 2022/2065 (Digital Services Act), Articles 30, 31 and 93, EUR-Lex eur-lex.europa.eu/eli/reg/2022/2065/oj
  6. Directive 2014/53/EU (Radio Equipment Directive), Articles 1, 9, 19 and Annex I, EUR-Lex eur-lex.europa.eu/eli/dir/2014/53/oj
  7. Directive 2014/30/EU (EMC Directive), Articles 2, 3, 5 and 19, recital 36, EUR-Lex eur-lex.europa.eu/eli/dir/2014/30/oj
  8. Directive 2014/35/EU (Low Voltage Directive), Article 1 and Annex II, EUR-Lex eur-lex.europa.eu/eli/dir/2014/35/oj
  9. Directive 2011/65/EU (RoHS), Articles 2 and 14, EUR-Lex eur-lex.europa.eu/eli/dir/2011/65/oj
  10. Regulation (EU) 2024/1781 (Ecodesign for Sustainable Products Regulation), Articles 45 and 79, EUR-Lex eur-lex.europa.eu/eli/reg/2024/1781/oj
  11. Regulation (EU) 2023/1230 on machinery, Articles 2, 4 and 23, EUR-Lex eur-lex.europa.eu/eli/reg/2023/1230/oj
  12. Regulation (EU) 2025/2509 on the safety of toys, Articles 4, 17, 56 and 59, EUR-Lex eur-lex.europa.eu/eli/reg/2025/2509/oj
  13. Regulation (EU) 2023/1542 concerning batteries and waste batteries, Articles 4, 19 and 96, EUR-Lex eur-lex.europa.eu/eli/reg/2023/1542/oj
  14. Regulation (EU) 2024/2847 (Cyber Resilience Act), Articles 2, 4, 29 and 71, EUR-Lex eur-lex.europa.eu/eli/reg/2024/2847/oj
  15. Regulation (EU) 2017/745 (Medical Devices Regulation), Articles 20 and 52(8), EUR-Lex eur-lex.europa.eu/eli/reg/2017/745/oj
  16. Regulation (EU) 2023/988 (General Product Safety Regulation), EUR-Lex eur-lex.europa.eu/eli/reg/2023/988/oj
  17. Directive (EU) 2022/2380 amending the RED (common charger), EUR-Lex eur-lex.europa.eu/eli/dir/2022/2380/oj
  18. Delegated Regulation (EU) 2022/30 (RED Article 3(3)(d)(e)(f)), EUR-Lex eur-lex.europa.eu/eli/reg_del/2022/30/oj
  19. Delegated Regulation (EU) 2026/339 repealing Delegated Regulation (EU) 2022/30, EUR-Lex eur-lex.europa.eu/eli/reg_del/2026/339/oj
  20. Commission Regulation (EU) 2019/2020, ecodesign requirements for light sources, EUR-Lex eur-lex.europa.eu/eli/reg/2019/2020/oj
  21. Using the UKCA marking (UK government guidance), GOV.UK www.gov.uk/guidance/using-the-ukca-marking

Frequently asked questions

Does every electrical or electronic product need CE marking?
No. Article 30(2) of Regulation (EC) No 765/2008 says the CE marking is affixed only to products for which Union harmonisation legislation provides for it, and to no other product. A product needs it when it falls within the scope of at least one act that requires it, such as the RED, the EMC Directive, the LVD, RoHS, an ecodesign measure, the Machinery act, the toys act, the Batteries Regulation or, from 11 December 2027, the Cyber Resilience Act. REACH, WEEE, the GPSR and the GDPR apply to many electronic products but do not provide for CE marking.
When exactly is a product placed on the market?
When it is made available for the first time on the Union market, meaning supplied for distribution, consumption or use in the course of a commercial activity, for payment or free of charge (Regulation 765/2008, Article 2). The Blue Guide (sections 2.3 to 2.5) applies this to each individual unit: an import is generally placed on the market at release for free circulation, stock sent to an EU fulfilment centre at release for free circulation, and a direct online sale from outside the EU when the order is placed and confirmed for a unit already manufactured and ready to ship.
Do I need CE marking to show a prototype at a trade fair?
No. The RED (Article 9(2)), the EMC Directive (Article 5(3)), the Machinery Regulation, the toys Regulation, the Batteries Regulation and the CRA (Article 4(2) in each) let you display non-compliant products at trade fairs, exhibitions and demonstrations, provided a visible sign clearly says the product does not comply and will not be made available until it does. The RED and the EMC Directive add that a demonstration needs adequate measures against interference and disturbances.
Does a refurbished or modified product need a new CE marking?
Only if it counts as a new product. The Blue Guide (section 2.1) sets three cumulative conditions: the original performance, purpose or type is modified in a way the initial risk assessment did not foresee, the nature of the hazard has changed or the risk has increased, and the product is made available. Repairs with identical or similar spare parts are not new products. A product resold under another name or trademark is treated as new, and the person who does it becomes the manufacturer.
Who is the manufacturer under a private-label or OEM arrangement?
The company whose name or trademark is on the product. Decision 768/2008/EC (Annex I, Article R1) defines the manufacturer as the person who manufactures a product or has it designed or manufactured and markets it under its own name or trademark, and Article R6 extends manufacturer obligations to an importer or distributor that does so. The Blue Guide (section 3.1) adds that this manufacturer must hold the technical documentation and certificates, though they need not be in its name.