CROSS Safety Report
False CE certificates
This report is over 2 years old
This report is about falsified documents in circulation within the EU purporting to be CE certificates.
Key Learning Outcomes
For steel fabricators and design engineers:
It is good practice to check the adequacy, completeness and authenticity of all certification of structural steelwork, particularly when safety-critical items are involved
For the construction team:
It is good practice to have a quality control procedure in place to inspect incoming steelwork to ensure it meets the required standard
Where a defect is identified in a product covered by a harmonised European Standard, the trading standards department of the local authority should be notified in order that they can investigate and take any necessary action
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This report is about falsified documents in circulation within the EU purporting to be CE certificates. In one case it was found that the organisation concerned, which has its origin in the Far East, had set up a company in Europe, which claimed to be a competent consulting organisation providing advice on the European Health and Safety Directive for a variety of products.
Documentation from the company was shown to be false and among other errors one certificate was observed to have used a Notified Body Number for one class of products, which was clearly wrong because the Number is allocated to another class of products.
The European company was closed down by the authorities but there is still an internet site offering certification services. Clues as to the illegitimate nature of the site can be found in obvious spelling mistakes and incorrect grammar. The reporter says that sadly the old story about ‘CE’ standing for ‘Caveat Emptor’ has a ring of truth about it.
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It should be noted that CE marking is simply about permitting the movement of good around Europe, including imports. CE marking is not quality or safety related. In fact EN 1090 for structural steelwork is basically a self-certified system. If one takes steel fabrication as a typical example neither the NSSS (CE marking version) or EN 1090-2 will be acceptable for delivering either a quality product or one that can be assumed to be safe. We will also not have a uniform approach across Europe and I am sure it will be exploited in the Far East. So it should be noted that CE marking is fairly pointless from a purchasers point. It is only of use for the movement of goods.
Expert Panel Comments
Expert Panels comment on the reports we receive. They use their experience to help you understand what can be learned from the reports. If you would like to know more, please visit the CROSS-UK Expert Panels page.
Reports 259, 331, and 284 follow a common theme and reveal a worrying trend. The fact that there are reports concerning different products suggests that these incidents are not rare. Designers and contractors may need to consider as a matter of ensuring structural safety whether to instigate routine testing of any product purchased from a source which is not well known.
CE marking raises issues
The globalisation of material supply and the introduction of CE marking are raising issues about the quality of material received on site. It is clear that CE marking alone may not offer the same level of confidence as quality schemes that have been used historically. CE marking is a standardised method of giving product characteristics against a harmonised EN. It is not a declaration of fitness for purpose in any particular circumstance of use and a reputable product manufacturer's technical information may be more useful if it gives advice on the use of the product in service.
There is confusion over when and if CE marked products need to be used especially in projects which are publicly procured. In fact, CE marking is a significant topic for Public Procurers. A related issue is the readiness of clients, designers, contractors, suppliers and manufacturers for the introduction of the Construction Products Regulation (CPR) in July 2013. The Construction Products Regulation (305/2011/EU - CPR) – replacing the Construction Products Directive (89/106/EEC – CPD,) is laying down harmonised conditions for the marketing of construction products.
There is confusion over when and if CE marked products need to be used especially in projects which are publicly procured. In fact, CE marking is a significant topic for Public Procurers.
Also, of concern is whether in the UK the 'market surveillance' required is in place (via Trading Standards Organisations) and that they have the necessary resource and expertise. Detecting forgeries is not easy and in 2010 the UK Department for Business innovation and Skills issued a warning about organisations falsely claiming to be notified bodies which included the following:
Practical guidance is needed and as an example BCSA has issued some simple, practical advice guidance to its members (memorandum No 193-10) on how to check a CE marked certificate. With their permission it is reproduced below:
This should be signed by the ‘Notifying body’ and show the specific range of grades & products covered. It is not a blanket certificate for all products. The manufacturer should only be CE marking those products listed on the Certificate. A copy of the certificate can be obtained from the manufacturer or the supplier.
• EC Certificate of Conformity
• The EC Certificate is produced by the Notified Body and should include:
• Name and address of Notified Body
• Name and address of the manufacturer or his agent in the European Union
• Description of the product (type, identification, use…)
• Provisions to which the product conforms
• Particular conditions applicable to the use of the product
• The certificate’s number
• Conditions and period of validity – where applicable
• Name and position of the person empowered to sign the certificate.
The Notified body must be approved by the European Commission and the following website can be used to check this: http://ec.europa.eu/enterprise/ newapproach/nando/.The manufacturer is also required to produce a "Declaration of conformity”. Once again, a copy can be obtained from the manufacturer or the supplier.’
From the reports and the comments of the CROSS expert panel it would seem that guidance on the confidence given by, and the acceptability of, CE marking and the use of the Construction Products Regulation would be timely.