In RoHS, the most important piece of paper is not the test report — it is declaration of conformity (DoC) signed by the manufacturer. Test reports are proof; declaration of conformity is legal commitment. And sign CE posted only on the basis of that commitment.
The three most confusing questions businesses ask are: Who can sign?, sign for any product, and What happens if you sign incorrectly?. This article answers those three questions, with the minimum content of a declaration of conformity and common errors.
Before going into details, it is important to remember a fundamental point: RoHS 2 is a directive that belongs to the group of CE marking requirements. This means that if a product wants to be CE marked, it must meet the substance restriction requirements of RoHS — in addition to other applicable directives such as EMC or electrical safety.
1. What is DoC and how is it different from a test report?
| Test report | Declaration of Conformity (DoC) | |
|---|---|---|
| Established by whom? | Test room (third party) | Manufacturer/authorized representative |
| Content | Measurement results on specific samples according to specific methods | Commitment that the product/product model meets the directive(s) listed |
| Scope | Indicates the sample tested and the time of testing | For the type of product to be marketed, on the basis of records |
| Value | Technical proof | Basis for CE marking |
| Responsibility | Test room, within range of results | Manufacturer, for all products |
A declaration of conformity no replacement technical records, and a test report no replacement obtain a declaration of conformity. They both live in the same file. If you still confuse the three types of documents, you should read the article Is there “RoHS certification”?.
2. Who signs the declaration of conformity?
The responsible signer is manufacturer, or authorized representative of the manufacturer. There are three practical situations:
| Role | Responsibility to DoC |
|---|---|
| Manufacturer | Prepare technical documents, prepare and sign a declaration of conformity, affix the CE mark, and be responsible for the content |
| Authorized representative | Sign instead to the extent authorized in writing by the manufacturer |
| Importer | Must ensure that the manufacturer has fulfilled its obligations; When putting products on the market under your name, you may have to bear the same obligations as the manufacturer |
Point to remember: the signer must have authority to represent legal entities. An employee signing without authorization, or a processing party signing when not the person responsible for bringing the product to market, are both weaknesses in the records. With processed goods (OEM/ODM), it should be clear from the contract: who is responsible for signing the declaration of conformity under which brand name.
3. Sign for which product?
A declaration of conformity is drawn up for product type (model/type), not for each piece. Some principles:
- The range must match the actual product model. Do not write a too broad range that covers many variations without having a basis for evaluating each variation.
- Prepare before bringing the product to market. The declaration of conformity must be in place before the sale, not as an “afterthought”.
- A product may require multiple directives. It is allowed to use a single declaration of conformity for multiple directives, as long as it is fully listed and accompanied by corresponding documents for each directive.
- Updated when products change. Changing materials, changing influential suppliers, or making significant changes may cause the old statement to no longer be valid.
4. What does a declaration of conformity include?
The Directive stipulates the minimum content format of the declaration of conformity (attached to the Directive – need to compare the verbatim when preparing). Ingredients usually include:
- Product identification: make/model number, description sufficient to compare with actual product.
- Manufacturer’s name and address (and authorized representative if any).
- Single liability statement: This declaration is issued under the sole responsibility of the manufacturer.
- Subject of statement and directive(s). with which the product complies.
- Reference to harmonized standards used (if any) or other technical basis.
- Additional information if needed (e.g. exemption applies).
- Place, date of establishment, name, title and signature of an authorized representative.
A small but common error: missing statement date and place of establishment, or the signature does not clearly state the person/title. These details are not formal — they determine the traceability and authority of the text.
5. CE marking: what it is and what it is not
CE marking is manufacturer’s statement that the product meets applicable requirements. General principles (according to the general framework of CE marking) and practice:
| The right thing | Common misunderstandings |
|---|---|
| Paste before bringing the product to market | “It’s okay to stick it after you sell it” |
| Paste clearly, easily read, do not erase; on the product or label; If not possible, then on the accompanying packaging/documents | “Just print on the catalog” |
| Only paste when the product is compliant (with technical documents) | “Just paste it and figure it out later” |
| CE is a manufacturer’s declaration, not an agency certification | “CE issued by state agencies” |
| CE is not a quality stamp or environmental label | “Having CE means being certified for quality” |
A practical point: applying CE marking without technical documents is an act that can be considered misleading. The CE mark is only valid when attached to the document.
6. What if it’s wrong?
When in doubt, the market surveillance agency may require the enterprise to present technical documents and a declaration of conformity. If non-conformity is found, measures may include:
- Repair request: Supplement documents, correct the declaration of conformity, and return the product to the correct conformity status.
- Restrict, withdraw or recall products out of the market.
- Penalties according to national regulations — the level and form are determined by the laws of each member state.
- Commercial impact: Loss of reputation with importers, distribution systems, and even rejection at the border gate.
It should be emphasized: responsibility cannot be “shifted” to the testing laboratory or to any third party. Mistakes in the declaration of conformity are the mistakes of the signer. So careful documentation is much cheaper than dealing with it post-audit.
7. Six common errors with DoC and CE marking
- Prepare a declaration of conformity without technical documents. The statement at that time was a baseless commitment.
- Signed without proper authority. The signer does not have authorization to represent the legal entity, or signs with the wrong role in the OEM chain.
- The range is too wide. A statement covers many variations but the record only evaluates a portion of the variations.
- Incorrect or outdated citation. Record the standard/version as not applicable, or the old statement has not been updated after material exchange.
- Apply the CE mark when the required pins are not enough. For example, only worrying about RoHS but ignoring EMC or electrical safety when those directives apply.
- Use “RoHS certificate” instead of declaration of conformity. No such certification replaces the manufacturer’s obligations.
8. Frequently asked questions
Is there a declaration of conformity for each product?
No. Declaration of conformity established for product type. Many units of the same type use the same declaration of conformity, as long as it is the same version and the same records.
Does the importer need to re-sign the declaration of conformity?
It is not necessary to re-sign, but the importer is obliged to ensure that the product is compliant and that documents and declaration of conformity exist. If imported under its own name, the importer may be subject to the same obligations as the manufacturer.
How long must the declaration of conformity be kept?
As is customary in the EU legal framework, technical documents and declarations of conformity are kept 10 years from the time the final product is placed on the market. It is necessary to compare the exact text of the applicable regulations.
Does the DoC need to be translated into the language of the country of sale?
Maybe. Language requirements are specified by the member state; Normally, the declaration of conformity and documents need to be in the language that the inspection agency can read, or the language required by the importing country.
Can I sell it without a declaration of conformity?
Legally, products within the scope of the directive cannot be put on the market if they have not met the obligations, including a declaration of conformity associated with the obligation to affix the CE marking. On the commercial side, serious importers will not accept goods without documents — because the risk is on their side.
9. Conclusion
The declaration of conformity is legal commitment signed by the manufacturer (or authorized representative) for a product model, and the CE mark is only affixed on the basis of that commitment. Test reports are proof; Technical records are the basis; The declaration of conformity is a commitment; The CE mark is the external sign of the whole chain.
Three things to do immediately: one, clearly identify who has signing authority for each product line; two, ensuring that the declaration of conformity is always accompanied by updated technical documents; three, review product model ranges and applicable directives before each shipping season.
References
- Directive 2011/65/EU — manufacturer obligations, declaration of conformity, CE marking; sample declaration of conformity attached to the Directive
- Regulation (EC) 765/2008 — general framework for CE marking and conformity assessment
- EN IEC 63000 — technical document for evaluation of electrical and electronic products against quality restriction requirements
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Disclaimer
This article is an interpretive content compiled by us; not legal advice. The content of the declaration of conformity and CE marking is presented according to general principles; Enterprises need to compare the original text of Directive 2011/65/EU, Regulation (EC) 765/2008 and the national law where the product is placed on the market.
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