The declaration of conformity: what is it exactly?

What the declaration is and who signs it

The EU declaration of conformity is a short statement in which the manufacturer states that their product complies with the applicable legislation. The model contains a sentence that determines everything: the declaration is issued under the sole responsibility of the manufacturer. That responsibility is non-transferable.

That is why the question of who signs is more important than it seems. If you sell under your own brand, you are the manufacturer, even if someone else makes the product. A declaration in the name of your supplier does not cover what you place on the market.

Also, pay attention to the terminology. Since the new legislative framework, the declaration is called an EU declaration of conformity. Documents that still refer to an EC declaration date from the old system and are a sign that the template has not been maintained.

What exactly must be included

The model from Annex IV of the Low Voltage Directive is followed in almost all regimes. It consists of seven points and concludes with location, date, name, function, and signature. Assigning a number to the declaration is permitted, but the manufacturer is not obliged to do so.

1. The product, including product, type, batch, or serial number.
2. Name and address of the manufacturer or their authorized representative.
3. The statement that the declaration is issued under the sole responsibility of the manufacturer.
4. The object of the declaration, described so that the product is traceable. If necessary for identification, you may add a sufficiently clear color image.
5. The statement that the object described is in conformity with the relevant Union harmonization legislation.
6. The applied harmonized standards or other technical specifications to which the declaration relates.
7. Additional information, for example, regarding a notified body if one was involved.

Information about test procedures does not belong here. That is contained in the technical file. The declaration is the conclusion, not the substantiation.

One declaration for all legislation

If your product falls under multiple European acts, you draw up one EU declaration of conformity that covers all those acts. You do not create a separate declaration per directive. However, that single declaration may consist of a dossier of individual relevant declarations gathered together.

In practice, we often see a gap here. A product with a radio function and a power supply falls under multiple regimes, but the declaration only mentions one. In that case, you are declaring less than you are selling. That is exactly what stands out during an inspection.

When you must provide the declaration

Not every regime requires the declaration to accompany the product. For radio equipment, it does. In that case, a copy of the EU declaration of conformity must be included with the equipment. Alternatively, you may provide a simplified declaration with a reference to the full text.

That simplified variant has a fixed wording. You declare that the type of radio equipment is in compliance with Directive 2014/53/EU and you state the internet address where the full text can be consulted. That address must therefore remain functional, even years later.

For other regimes, the declaration does not have to be provided as standard, but it must be available to the authorities. In practice, trading platforms and business customers almost always request it.

In which language

The declaration is translated into the language or languages required by the Member State where the product is placed or made available on the market. If you sell in multiple countries, the language is therefore not a choice for your head office.

In practical terms, this means: maintain a source text and manage the translations as versions of the same document. Furthermore, the declaration must be constantly updated, so a translation that lags behind the source text is a problem in the making.

The mistakes we see most often

The declaration is short. That is precisely why errors creep in that no one notices anymore. Outdated terminology, a signatory without a mandate, standards without version identification, and a scope that is narrower than the product itself. Each of these four is immediately visible during an inspection.

• The supplier signs. With private labels, you are the manufacturer. A declaration in the name of the producer does not cover your product.
• Standards without version. A standard number without a year does not clarify which version was used for assessment. References are replaced, with a transition date.
• A repealed directive. Templates are reused for years. Check whether the mentioned act is still valid and whether it has been replaced by a regulation.
• A signature without a function. The model requires a name and function. Without a function, it is impossible to see if the signatory was authorized.

What you should check now

Take the declaration of your best-selling product and place it next to the model. Is each of the seven points included? Does the manufacturer’s name match the entity placing the product on the market? Does the declaration mention all legislation applicable to the product?

1. Check if it says EU declaration of conformity and not EC declaration.
2. Compare the manufacturer name with the name under which you sell.
3. Count the mentioned acts and compare them with the functions of the product.
4. Check if every standard has a version or year and if that reference is still valid.
5. For radio equipment, check whether the declaration is included and whether the stated internet address works.