CE Certification (M006)

This factsheet outlines information relating to the requirements of CE Certification. The information is important to identify what responsibilities there are for Full Members and potentially also for Affiliate (Retail) Members. Further information can be found at the Department for Business, Innovation & Skills (BIS) website (address later in this factsheet). BISHTA Members are advised to make contact with their relevant Trading Standards department in their area for further information and to answer any queries that Members may have about CE compliance, as it is the whole product and not just individual components that need to be tested. BISHTA is grateful to TUV-Sud (a UKAS accredited test laboratory) for their assistance in producing this factsheet.

CE marking is a declaration by the manufacturer or importer or anyone first placing products on the European market that the product meets all the appropriate provisions of the relevant legislation implementing certain European Directives. It is not just UK manufacturers who will be held liable as importers of products from outside the EC and companies who ‘own brand’ products will also be held responsible for the safety and compliance of the products they market.

CE marking gives companies easier access into the European market to sell products without adaptation or rechecking. The letters CE stand for "Conformité Européenne" which means "European Conformity". They are a declaration that the product meets the requirements of all applicable European CE marking Directive(s).

The same principles above apply to imported products. It is the responsibility of the importer / person placing the product on the market to ensure that CE marking procedures are correctly applied. It is widely perceived that where individual items of equipment (such as pumps), carry CE marking, then this is all that is required by hot tub manufacturers, Importers or Distributors. However, it is important to clarify that the whole hot tub needs to carry CE marking to ensure that all of the components combined together work appropriately and the overall hot tub is compliant. As has been proven in courts of law, CE approval for a range of parts, does not ensure overall CE compliance.

How do I go about getting a CE marking?

It is necessary first to establish which Directives apply to the product and to therefore seek independent and impartial advice if you are in any doubt. Guidance booklets on many of the EC Directives (or UK regulations implementing those Directives) that contain CE marking requirements are available. Printed versions are available free of charge to addresses within the UK only, and can be ordered from BIS's website and can also be downloaded from their website in Acrobat format.

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You should therefore study the UK regulations implementing the Directives. Copies of the regulations can be obtained from The Office of Public Sector Information (OPSI). You can also contact TUV SUD Product Service who will be happy to advise, please send an email to info@tuv-sud.co.uk.

Fundamentally though, there are three CE marking Directives that will apply:

- Low Voltage Directive 2006/95/EC

- Electromagnetic Compatibility Directive 2004/108/EC

- Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directive 2011/65/EU

However, other CE marking Directives may apply depending on the equipment design (e.g. RTTE Directive).

Once you have satisfied CE marking requirements, the CE marking must appear on the product, but see the individual guidance for exceptions. It may also appear on the packaging, in manuals or other supporting literature, but again it is best to study the guidance. The CE marking must not be less than 5mm in its vertical height, and the proportions maintained. It is generally shown on a grid in the guidance booklets, as below.

What files / documentation must be kept and what information should this contain?

Please refer to the specific Directives and/or Regulations, and also the guidance documents available from BIS’s publications page.

Enforcement is carried out by Trading Standards Departments and / or by HSE depending on circumstances. If you fail to comply, the enforcement authorities will generally work with you to resolve any issues. However, in cases of serious complaint or non-compliance then you will be obliged to take your product off the market, and you may also be liable to a fine and/or imprisonment.

What tests must my products go through?

The Low Voltage Directive covers electrical product safety. Compliance is generally proven by the application of the European Harmonised Standard EN 60335-2-60 – Household and similar electrical appliances, particular requirements for whirlpool spas and baths.

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Tests include:

- Review of marking and instructions

- Protection against access to live parts

- Input current and power

- Heating

- Leakage current and electric strength

- Moisture resistance

- Abnormal operation and fault conditions

- Stability, mechanical hazards and mechanical strength

- Construction

- Provisions for earthing

- Creepage and clearance

- Resistance to heat and fire

Typically, the parts and components which make up a hot tub, such as pumps, blowers, oxone generators, and controllers will be approved as stand-alone items, in which case the safety testing is simplified and essentially addresses how the parts and components are fitted together and a review of the system level safety.

The EMC Directive covers the ability of the hot tub not to interfere with other electrical equipment and its ability to tolerate emissions from other equipment, whilst also ensuring protection of the electromagnetic spectrum.

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The requirements of the following standards are applied which cover Emissions and Immunity.

EN 55014-1

Electromagnetic compatibility - Requirements for household appliances, electric tools and similar apparatus - Part 1: Emission

EN 55014-2

Electromagnetic compatibility - Requirements for household appliances, electric tools and similar apparatus - Part 2: Immunity

EN 61000-3-2

Electromagnetic compatibility (EMC) - Part 3-2: Limits for harmonic current emissions (equipment input current <= 16 A per phase)

EN 61000-3-3

Electromagnetic compatibility (EMC) - Part 3-3: Limitation of voltage changes, voltage fluctuations and flicker in public low-voltage supply systems, for equipment with rated current <= 16 A per phase and not subject to conditional connection

Compliance with the RoHS requirements is generally achieved by demonstrating adequate control over your supply chain, by obtaining necessary evidence of compliance from suppliers and by conducting spot check chemical tests to prove the integrity of the compliance information from your suppliers.

How many models to test?

We appreciate that you may sell many variations of hot tub depending on customer requirements. Therefore to avoid testing every configuration, it is advisable to identify a worst case fully loaded configuration; i.e. largest tub, most powerful pumps and all possible accessories included. In theory, testing of this worst case variant will be representative of lesser configurations in the range. Don’t forget alternates though, so if you have two pump suppliers, then each will need to be tested in the system. Your selected test laboratory can advise you in this regard.

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How often to test?

There is no requirement to test on a regular basis but there are some guidelines you should follow:

1. If the test standards change or are updated there will be a transition period during which you will need to update your compliance.

Latest versions of test standards along with transition dates can be obtained from the Official Journal of the European Union (OJ):

http://ec.europa.eu/enterprise/policies/european-standards/harmonised-standards/low-voltage/

http://ec.europa.eu/enterprise/policies/european-standards/harmonised-standards/electromagnetic-compatibility/index_en.htm

2. If you modify or change the hot tub, then you need to consider updating the compliance. It may be that no testing is even required, but please talk to your selected test laboratory and they can advise you in this regard.

3. Some retailers require re-testing on a regular basis and don’t accept test reports more than a few years old, so if you are selling to a retailer please check their policy

Batch marking is useful, as it can focus in on specific products, if there is an issue with one product, as it can be traced back.

What requirements do I have to meet to export my product?

CE-marking applies to the circulation of a product within the EEA. It is not required for exporting a product to non-EEA countries. You need to check on the particular regulatory requirements or standards that apply to your product in the relevant non EEA country, as they may be the same, or they could be different. Advice on exporting is available from the UK Trade & Investment network. The Technical Help for Exporters service run by the BIS may also be able to offer some advice.

Who can test products and where are they?

You should use any test lab with the necessary competence and capability. A good way to check competence and capability is to see if the lab is accredited by the United Kingdom Accreditation Service, UKAS at http://www.ukas.com/ .

The website allows an enquirer to search for accredited test laboratories.

http://www.ukas.org/testing/schedules/actual/0141Testing%20Multiple.pdf

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What standards must my product meet?

Lists of standards that provide a presumption of conformity with the EC Directives for the purposes of CE marking are available from the “New Approach” website http://www.newapproach.org?Directives?Default.asp

Copies of the standards can be ordered from BSI (British Standards Institution)

Please visit http://www.bsigroup.com

BSI Group Headquarters, 389 Chiswick High Road, London, W4 4AL, UK

T: +44 (0)20 8996 9001; F: +44 (0)20 8996 7001

Please note that Electrical Equipment (Safety) Regulations 1994 is relevant to all types of Spa baths, as not only does it cover the electrical safety of the appliance, it also covers any mechanical hazards which may be presented by the appliance.

Members will also need to be aware of the legislation relating to Electromagnetic compatibility, (The Electromagnetic Compatibility Regulations 2006). More detailed guidance on these requirements are available from BIS at www.berr.gov.uk/files/file38623.pdf and www.berr.gov.uk/files/file47539.pdf. Spa baths must comply with the Electrical Safety Regulations. The Manufacturer must draw up the Declaration of Conformity (DoC) using the Harmonised Standards which are relevant to these products. They must also hold the Technical File for the product. This File will contain drawings and test reports for example, it will need to be made available to Trading Standards Officers, if they request it.

Due diligence is required from a manufacturer or importer of a product to ensure continued compliance of the product. This should be an easier matter for the importers who have long term experience of the manufacturers they buy from. They will have been able to assess the standard of the product over time which will have developed a level of trust between the parties.

Where a DoC is at least five years old, this may satisfy authorities if it is requested by them, if nothing has changed in relation to the product which would affect its safety e.g. cabling insulation etc. However, if major changes to the products components take place, it is likely that a new Declaration will need to be issued. As these products could pose a risk of electrocution if incorrectly assembled, each unit should receive an electrical safety test to ensure it is ready for installation. Detailed instructions should be issued to installers to ensure the integrity of the installation. There should be instructions for customers about care of the product and cleaning procedures to avoid the risk of Legionella that manufacturers and importers are aware of.

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If a product is being imported from a new source, the following recommendations to safeguard against the supply of unsafe products are applicable:

1. Full Technical Information should be requested from the manufacturer, including the Declaration of Conformity and the test reports in the Technical File.

2. Consider examining samples sent for approval to see if they match the details in the technical file and test reports. This is suggested as we are aware of problems recently with false or non-comprehensive certification of some products.

3. The first consignment arising after approval has taken place should be checked to see if it is as the sample supplied, or that any requested modifications have been included.

4. If there are any doubts at all, a screening test might be considered a wise course of action.

As trust in the manufacturer is increased, it may become less necessary to monitor the production this way. All action you take to ensure the safety and continuing safety of the product must be recorded if they are to be effective as “due diligence”.

The same procedures could equally apply to the Electromagnetic Compatibility of the product where there are similar rules with regard to a Declaration of Conformity and a Technical File required which involves the application of a number of Harmonised Standards.

It should be noted that combining two or more CE marked finished components does not automatically produce a “compliant” system e.g. a combination of CE marked programmable logic controllers and motor devices may fail to meet the protection requirements. The use of wireless for control and use in the home and outside has increased considerably in the last four years. It is important that harmful interference is avoided.

The fitting of a Spa pool should only be undertaken by a qualified Electrician who can carry out the necessary circuit tests before and after fitting.

Members will be aware of the requirements of Part P, confirming that the work complies with Regulations 4 & 7 of the Building Regulations. Guidance can be obtained from the relevant local Building Control Department. Both the Electrical Equipment (Safety) Regulations and Electromagnetic Compatibility Regulations sit within the General Product Safety Regulations 2005. These add important additional safeguards in relation to product safety. Detailed guidance can be found at: www.berr.gov.uk/files/file22713.pdf.

The safety of products in the market place must be monitored and incidents which have a safety aspect should be recorded. If the safety of any product requires a recall or other action which is not readily taken, you will need to notify your local Trading Standards Service about the problem. They will often be able to assist you in such situations.

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It is essential that you read the above guidance documents which will be very useful in helping you to comply with the relevant legislation. For the purposes of checking EMC, the European Quick Guide to EMC at their website at European EU.

Further information

The following web link will be useful to find out further information on this important topic.

http://www.bis.gov.uk/policies/business-sectors/environmental-and-product-regulations/product-regulation/ce-marking-faqs

The following ‘Test Report checklist’ is included in the factsheet:

It is strongly advised that you get any electrical products independently tested. However, if you intend on relying on a manufacturer’s test report, then it is important that you make a number of checks, such as the following:

Is it from a genuine accredited test house?

When were the tests conducted? (check dates) if over 12 months then it’s relevance could be questioned;

The product description (including model number(s)) and any photographs in the report, match the actual product you receive;

Current applicable standards have been applied including any amendments;

Have all relevant aspects of the standard been applied?

Does the test certificate relate to a pre or post production product? (This may be difficult to determine);

If further importations of the same product are made, ensure that no components or materials have changed from the original specification, otherwise the test report may not be valid, if changes have been made.

If you have any doubts about the validity of the test certificate, please contact your local trading standards authority.

Some useful information on what is required in a Declaration of Conformity and who must sign it, is included as an example at the following website: http://www.conformance.co.uk/info/declarationofcon.php

BISHTA reminds its members that no responsibility can be taken by BISHTA, its employees or agents in respect of any errors or omissions from this factsheet.

15 March 2016