According to REGULATION (EU) 2016/425 -Article 16
The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.
Article 30 of Regulation (EC) No 765/2008.
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.
在不影响第41条的情况下，成员国应确保正确实施CE标志制度，并在不正确使用标志时采取适当行动。 成员国还应对侵权行为进行处罚，其中可能包括对严重侵权行为的刑事制裁。 这些处罚应与犯罪的严重程度相称，并构成对不当使用的有效威慑。