Road marking paints
Question
What are the specific requirements and obligations related to CE marking for road marking paints used in horizontal signalization within the European market? Specifically, I would like to clarify if the European Assessment Document (EAD) 230011-00-0106 for road marking products falls outside the harmonized area, thereby exempting it from the obligation to affix the CE marking. Are there any national standards in place that require the preparation of a Declaration of Performance (DoP) for this product group, even if the CE marking is not mandatory? I have come across a regulation from the Ministry of Transport, Construction, and Regional Development of the Slovak Republic, dated 3 June 2013, which establishes a list of construction product groups and systems for assessing performance. According to this regulation, certain construction products may require a Slovak Declaration of Performance (SK DoP) without the necessity of affixing the CE marking. In the case of road marking products intended for the European market, what are the obligations regarding the affixing of the CE mark and the preparation of a DoP, and is there a specific document or regulation that governs these requirements?
Answer
As regards your inquiry we would like to inform you that according to the Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93:
CHAPTER IV
CE MARKING
Article 30
General principles of the CE marking
1. The CE marking shall be affixed only by the manufacturer or his authorised representative.
2. The CE marking as presented in Annex II 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.
3. By affixing or having affixed the CE marking, the manufacturer indicates that he takes responsibility for the conformity of the product with all applicable requirements set out in the relevant Community harmonisation legislation providing for its affixing.
4. The CE marking shall be the only marking which attests the conformity of the product with the applicable requirements of the relevant Community harmonisation legislation providing for its affixing.
5. The affixing to a product of markings, signs or inscriptions which are likely to mislead third parties regarding the meaning or form of the CE marking shall be prohibited. Any other marking may be affixed to the product provided that the visibility, legibility and meaning of the CE marking is not thereby impaired.
6. Without prejudice to Article 41, Member States shall ensure the correct implementation of the regime governing the CE marking and take appropriate action in the event of improper use of the marking. Member States shall also provide for penalties for infringements, which may include criminal sanctions for serious infringements. Those penalties shall be proportionate to the seriousness of the offence and constitute an effective deterrent against improper use.
General list of Community harmonisation legislation in relation to the Slovak legislation which establish CE marking can be found at: http://www.unms.sk/?Technicke_predpisy
In response to your inquiry let us recommend you to address following authorities dealing with the issue in the Slovak Republic:
– the State Transport Office at the Ministry of Transport and Construction of the Slovak Republic, contact person: Mr. Bohuš Chochlík, Director of State Transport Office.
– as the products in question might be construction products which fall under the competence of the Ministry of Transport and Construction of the Slovak Republic, we recommend you to address the National Contact Point for Construction Products, e-mail: cpr@mindop.sk,
– the products in question might be also the subject to the Act No 67/2010 Coll on conditions applicable to the placing on the market of chemical substances and chemical mixtures, amending certain acts (Chemicals Act) which fall under the competence of the Ministry of Economy of the Slovak Republic, we recommend you to contact the Centre for Chemical Substances and Preparations at the Ministry of Economy of the Slovak Republic: https://www.ccsp.sk/helpdesk/index.asp?f=1