There is specific legislation around CE marking, however serious penalties only apply where declarations have been intentionally falsified.
You have indeed a ton of experience so your statement is probably much, much more solid than mine.
But legally talking what's the difference between a CE declaration that is intentionally falsified (i.e. you know that the product isn't compliant and you declare is as compliant) and a CE declaration of a product that you are
only confident to be compliant (but that wasn't tested, so anyone can not be sure about its compliance)?
and it's not fraud.
The issue it's that a CE declaration of conformity it's a legally signed document, so if you state that a product is compliant to some directives and that product it's not, you are signing a false document.
Here this is considered fraud, and if you do this kind of things you must pay a fine (from 5k to 20k euros). You will then be obliged to follow the certification process. And if your product is considered unsafe, you must retire it from the market and obtain the compliance before selling it again.
Apart from in Germany, enforcement authorities are far too busy (and underfunded) dealing with stuff like fake cigarettes, dangerous toys and things that are actively dangerous to get involved.
Oh, indeed.
But what about jealous competitors doing some complaints only to get you in troubles?At least in the UK, the system is complaint based, so things are not going to be randomly checked.
I think it's the same in every EU state. The issue is that almost any end-user electronic product must have a CE declaration to enter/move in EU, so you must attach that document to the product.
EDIT: We all knows that Dave knows exactly how to build a compliant device, so he can declare its conformity without any worries, this is for sure. The point is that IMO, he must prepare a proper CE declaration and attach it to the uCurrent to solve any customs issue.