CE marking under ESPR is the visible indicator that a product meets all applicable ecodesign performance requirements. It must be affixed before the product is placed on the EU market. ESPR Article 23 specifies the dimensions, placement, and affixing rules.
CE marking is the manufacturer's declaration, in visible form, that the product meets all applicable EU requirements. Under ESPR, CE marking indicates that: the product meets all applicable ecodesign performance requirements; the conformity assessment has been completed; the EU Declaration of Conformity has been issued; and the Digital Product Passport has been registered.
| Requirement | Specification | Legal Basis |
|---|---|---|
| Minimum height | 5mm. If reduced or enlarged, proportions of CE letters must be maintained. | ESPR Article 23(2); Annex V |
| Year affixed | CE marking must be followed by the last two digits of the year in which it was affixed (e.g., CE 26 for 2026) | ESPR Article 23(3) |
| Placement | On product itself where feasible; on packaging or accompanying documents where not feasible | ESPR Article 23(1) |
| Visibility | Visible, legible, and indelible | ESPR Article 23(1) |
| Notified body number | If Annex VII conformity assessment used with notified body involvement, notified body identification number must follow CE marking | ESPR Article 23(4) |
ESPR requires both CE marking and a DPP QR code to be affixed to the product or its packaging. The CE marking and QR code must both be visible and accessible. Where both are affixed to the product, they should be placed in proximity to each other to avoid confusion. Where the product is too small to carry both markings, the CE marking takes precedence on the product and the QR code may be on the packaging.
Many products are subject to multiple EU regulations that require CE marking. For example, a washing machine may be subject to ESPR, the Low Voltage Directive (2014/35/EU), and the Electromagnetic Compatibility Directive (2014/30/EU). A single CE marking covers all applicable regulations. The EU Declaration of Conformity must reference all applicable regulations.
Where multiple regulations apply, the conformity assessment must be completed for each regulation. The most stringent conformity assessment procedure applies. If any regulation requires a notified body, the notified body identification number must be affixed after the CE marking.
CE marking is not new — it has been required for many product categories under EU legislation for decades. What ESPR changes is the addition of the Digital Product Passport as a prerequisite for CE marking. Under ESPR, a manufacturer cannot affix CE marking to a product without first registering the DPP with the EU DPP Registry (EPREL). The EU Declaration of Conformity — which must be drawn up before CE marking is affixed — must reference the DPP.
This creates a new dependency in the CE marking process: DPP registration must be completed before the EU DoC can be drawn up, and the EU DoC must be drawn up before CE marking can be affixed. Manufacturers who are used to the CE marking process under the Ecodesign Directive (which did not require a DPP) must update their compliance processes to include DPP registration as a prerequisite step.
| Requirement | Specification | Legal Basis |
|---|---|---|
| Minimum height | 5mm (proportions must be maintained if scaled) | ESPR Annex VIII |
| Visibility | Visible, legible, and indelible | ESPR Article 31(2) |
| Location | Product, packaging, or accompanying documents | ESPR Article 31(1) |
| Notified body ID | 4-digit number following CE marking (Annex VII only) | ESPR Article 31(3) |
| Year of affixing | Last two digits of year CE marking first affixed | ESPR Article 31(4) |
| DPP prerequisite | DPP must be registered before CE marking is affixed | ESPR Article 29 + 31 |
Many products are subject to multiple EU regulations — a washing machine may be subject to ESPR, the Low Voltage Directive, the Electromagnetic Compatibility Directive, and the Radio Equipment Directive. A single CE marking covers all applicable EU regulations. The EU Declaration of Conformity must list all applicable regulations and the harmonised standards applied for each. The DPP must reference the EU DoC that covers all applicable regulations.
ESPR does not introduce a new marking system — products covered by ESPR continue to use the CE marking that is already required by other EU directives and regulations (Low Voltage Directive, Machinery Directive, Radio Equipment Directive, etc.). ESPR adds to the CE marking requirements by specifying that the CE marking on products covered by ESPR delegated acts also attests to compliance with the ESPR ecodesign requirements. This means that a manufacturer affixing the CE marking to a product covered by an ESPR delegated act is declaring that the product meets both the existing CE marking requirements and the ESPR ecodesign requirements. The EU Declaration of Conformity must reference the ESPR delegated act in addition to any other applicable EU legislation.
The CE marking and the Digital Product Passport are complementary but distinct requirements under ESPR. The CE marking is a physical mark on the product that attests to compliance with EU requirements. The DPP is a digital record that contains detailed information about the product's environmental performance. Both are required for products covered by ESPR delegated acts. The DPP must contain a reference to the EU Declaration of Conformity (which is the legal document supporting the CE marking), and the EU Declaration of Conformity must reference the ESPR delegated act. Market surveillance authorities use both the CE marking (to identify products claiming EU compliance) and the DPP (to verify the details of the compliance claim).
Market surveillance authorities in EU member states are responsible for enforcing CE marking requirements, including the ESPR ecodesign requirements attested by the CE marking. Under the Market Surveillance Regulation (EU 2019/1020), market surveillance authorities have the power to: request technical documentation and DPP data from manufacturers and importers, conduct product testing to verify compliance with ecodesign requirements, order the withdrawal of non-compliant products from the market, and impose financial penalties on manufacturers and importers of non-compliant products. The ESPR regulation introduces enhanced market surveillance provisions, including the requirement for market surveillance authorities to share information about non-compliant products through the EU's RAPEX (Rapid Alert System for dangerous non-food products) database.
Market surveillance authorities in EU member states conduct approximately 100,000 product checks per year across all CE-marked product categories. The non-compliance rate varies significantly by product category — for some categories (particularly products imported from non-EU countries), non-compliance rates of 20–40% have been found in market surveillance campaigns. The EU Commission's RAPEX database records approximately 2,000 notifications of dangerous non-food products per year, of which approximately 60% involve CE marking non-compliance. The most common CE marking non-compliance issues are: missing or incomplete technical documentation, incorrect or missing EU Declaration of Conformity, CE marking affixed without conducting the required conformity assessment, and CE marking affixed to products that do not meet the applicable requirements. ESPR will add DPP non-compliance to this list — products with a CE marking but no functioning DPP will be treated as non-compliant.
When a market surveillance authority finds that a CE-marked product does not comply with the applicable ESPR requirements, it can take a range of enforcement actions. The first step is typically a corrective action request — the MSA asks the manufacturer, importer, or distributor to bring the product into compliance within a specified timeframe. If the corrective action is not taken, the MSA can issue a formal non-compliance decision and order the withdrawal of the product from the market. For serious non-compliance (products that pose an immediate risk to health, safety, or the environment), the MSA can order an immediate market withdrawal without a prior corrective action request. In all cases, the MSA must notify the EU Commission and other member states through the RAPEX (Rapid Alert System for dangerous non-food products) notification system. Manufacturers that receive a non-compliance decision should engage immediately with the MSA and with their legal counsel to understand their obligations and to develop a corrective action plan.
CE marking under ESPR indicates that the product meets all applicable ecodesign performance requirements. It must be affixed to the product or its packaging before the product is placed on the EU market. CE marking is the visible result of a completed conformity assessment and EU Declaration of Conformity.
ESPR Article 23 requires the CE marking to be at least 5mm in height. If the CE marking is reduced or enlarged, the proportions of the letters CE must be maintained. The CE marking must be followed by the last two digits of the year in which it was affixed.
The CE marking must be affixed to the product itself where technically feasible. Where it is not feasible to affix the CE marking to the product, it may be affixed to the packaging or to the accompanying documentation. The CE marking must be visible, legible, and indelible.
Yes. CE marking is a single marking that covers all applicable EU regulations. If a product is subject to both ESPR and another CE marking regulation (e.g., the Low Voltage Directive), a single CE marking covers both. The EU Declaration of Conformity must reference all applicable regulations.
CE marking is the visible indicator of ESPR compliance. ESPR compliance is the full set of requirements: technical documentation, conformity assessment, EU Declaration of Conformity, DPP registration, and CE marking. CE marking is the final step in the compliance process.
The EU DPP Registry goes live on 19 July 2026. EU customs will verify DPP compliance automatically from that date. Products without a valid DPP can be refused entry. Register now at Africa's first ESPR-compliant DPP registry.
Register Your Digital Product Passport →Under ESPR, the CE marking and the DPP are linked in the compliance verification chain. A product cannot bear the CE marking unless it has a functioning DPP that meets the requirements of the applicable delegated act. Market surveillance authorities verify ESPR compliance by scanning the DPP data carrier on the product, accessing the DPP data, verifying that the DPP data is complete and consistent with the CE marking claim, and cross-referencing the DPP data with the EU product database registration. Manufacturers must ensure that their DPP systems are functioning and accessible at all times — a product with a CE marking but a non-functioning DPP data carrier (broken URL, expired certificate, inaccessible server) will be treated as non-compliant by market surveillance authorities, even if the product itself meets all the applicable ecodesign requirements.