The European Commission is aware that CE markings, like other certifications marks, are misused. A test of 27
electrical chargers with UK sockets in 2008 found that all the eight legitimately branded ones with a reputable name met safety standards, but none of those unbranded or with minor names did, despite bearing the CE mark; However, the
European Commission says that this is a misconception. The matter was raised at the
European Parliament in 2008. The Commission responded that it was unaware of the existence of any "Chinese Export" mark and that, in its view, the misunderstanding had arisen because a producer had failed to respect the precise dimensions and proportions of the mark as prescribed in the legislation. In March 2017, another question was put to the European Commission on the statistics of the fraudulent use of the CE mark, reasserting the "China Export" myth. In reply, the Commission notes that it is the responsibility of Member States to take legal action on infringements; the Commission does not have statistics on the penalties that were imposed by Member States for the improper use of the CE marking. In an
IEEE conference paper studying the origins and evolution of the claim, the author concludes there seems to exist no evidence of existence of a fraudulent "China Export" sign. In addition, similar "fraudulent" marking can be found in many European and American made products which do not show apparent noncompliance. Typesetting C and E too near to each other is probably just a typesetting mistake. The possibly earliest mention of "China Export" can be found on a Finnish fishing-themed discussion forum on year 2004. The author suspects the origins start from a joke: someone has invented a funny meaning for the abbreviation CE, from which the claim has evolved as oral history and turned into a widespread myth. Repeating the myth as a European parliamentary question has reinforced the credibility of the myth.
Domestic plugs and sockets Directive
2014/35/EU, the "Low Voltage Directive", specifically excludes (amongst other things)
plugs and socket outlets for domestic use which are not covered by any Union norm and therefore should not be CE marked. Throughout the EU, as in other jurisdictions, the control of
plugs and socket outlets for domestic use is subject to national regulations. It is fairly common to see domestic sockets (and adaptors) that have an inbuilt 5 volt
USB-A power supply socket in addition to conventional 'two-pin + earth' AC sockets. These sockets must be CE marked, but the CE mark applies to the 5 volt converter
only and not the rest of the socket or adaptor. This is comparable to dedicated 5 volt power supplies.
Legal implications There are mechanisms in place to ensure that the CE marking is put on products correctly. Controlling products bearing CE marking is the responsibility of public authorities in member states, in cooperation with the
European Commission. Citizens may contact national market surveillance authorities if the misuse of the CE marking is suspected or if a product's safety is questioned. In the UK, sale of any product that carries a CE mark that is not so approved, or outside the scope of approval is a specific offence under Section 1 of the
Trade Descriptions Act 1968. The seller of such an article is as equally guilty as the manufacturer or importer. Ignorance as to the true status of the sold item is no defence against a prosecution (
strict liability). Under the Act, the misrepresentation is that the sold item conforms to a specification that it does not or that there is no such specification to which it can conform. The procedures, measures and sanctions applying to counterfeiting of the CE marking vary according to the respective member state's national administrative and penal legislation. Depending on the seriousness of the crime, economic operators may be liable to a fine and, in some circumstances, imprisonment. However, if the product is not regarded as an imminent safety risk, the manufacturer may be given an opportunity to ensure that the product is in conformity with the applicable legislation before being forced to take the product off the market. ==Use in computer systems==