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EU AI Act Art 48 — CE Marking

Conformity Affixation · Decision 768/2008 · 5mm Height · Notified-Body Variant · Placement-on-Market Precondition · EAT Directive aligned

EU AI ACT ART 48 CE MARK PRECONDITION
5mm
Min Height
2
CE Variants
4
Affixation Rules
8
Preconditions
10y
Record Retention
100%
SIGIL Signed

CE Mark Visual Specification

The CE conformity marking for DEFONEOS follows Decision 768/2008/EC. The standard variant and the notified-body variant:

Standard CE marking (self-assessed Module A, low-risk AI)

CE 0123 CE NB-2797

Notified-body CE marking (where conformity assessment involves a notified body — DEFONEOS uses the illustrative body number 2797 for documentation purposes; live deployment requires designation by an EU Member State)

What is Article 48?

Article 48 of the EU AI Act requires that high-risk AI systems placed on the EU market bear the CE conformity marking as a visible, legible, and indelible indication that the system conforms with the AI Act before it can be placed on the market or put into service.

The CE marking is the EU's passport for goods (Regulation 765/2008) and is now extended to AI systems. For DEFONEOS, the CE mark is the final visual signal that all 8 preconditions have been met: conformity assessment, EU declaration of conformity, technical documentation, registration in the EU database, FRIA where applicable, human oversight per Art 14, risk management per Art 9, and quality management per Art 17.

Format requirement: The CE marking must consist of the initials "CE" in the specific proportions shown above, with each letter at least 5mm high (where impractical, scaled proportionally). Where a notified body was involved, the body's 4-digit identification number follows the CE letters.

Prohibition: Marks or inscriptions likely to mislead third parties about the meaning or form of the CE marking are prohibited. A system that does not meet all preconditions must NOT bear the CE mark — placement is a serious non-conformity per Art 20.

4 Affixation Rules

1
Rule 1 — Placement on the AI System Itself or Its Packaging

The CE marking must be affixed to the AI system or, where the nature of the system does not allow it, to the packaging and accompanying documents. For DEFONEOS (a software OS, not a physical product), the CE mark is affixed to the main landing page (defoneos.html), the EU Declaration of Conformity (defoneos-eu-declaration.html), and the deployment manifest generated by the SIGIL chain.

2
Rule 2 — Visibility, Legibility, Indelibility

For software AI, the mark must be visible without user action beyond navigation (no hidden modal, no behind-login), legible at default zoom and contrast, and indelible (not removable by edit, license, or configuration). DEFONEOS publishes the CE mark in three persistent locations per deployment.

3
Rule 3 — 5mm Minimum Height with Proportional Scaling

The CE letters must each be at least 5mm high. Where this is impractical due to the nature of the system (e.g., embedded firmware), the CE mark may be scaled proportionally. DEFONEOS uses a 60-pixel CSS-rendered CE mark on landing pages (≈7.5mm at 96 DPI) and a 24-pixel version (≈3mm) on dense deployment manifests — both documented as proportional exceptions.

4
Rule 4 — No Other Marking Likely to Mislead

No mark, logo, or inscription may be placed near the CE mark that could be confused with CE or impair legibility. DEFONEOS does not co-locate trade marks, certification logos, or compliance badges within 1 line-height of the CE mark unless they are clearly separate (vertical rule + ≥16px padding).

8 Placement-on-Market Preconditions

#PreconditionEU AI Act ReferenceDEFONEOS Evidence
1Conformity assessment procedure completedArt 43defoneos-conformity-assessment.html
2EU Declaration of Conformity issuedArt 47defoneos-eu-declaration.html
3Annex IV technical documentation assembledArt 11 + Annex IVdefoneos-technical-documentation.html
4EU public database registrationArt 49 + Art 71defoneos-transparency-register.html
5FRIA conducted (where applicable)Art 27defoneos-fundamental-rights-impact-assessment.html
6Human oversight measures implementedArt 14defoneos-human-oversight.html
7Risk management system operationalArt 9defoneos-risk-management.html
8Quality management system in placeArt 17defoneos-quality-management.html

All 8 preconditions are SIGIL-tracked. The CE mark cannot be displayed unless every precondition shows a "MET" status (validated by SIGIL check, not self-attestation).

Notified-Body Variant — When Required

The CE marking variant with a 4-digit notified-body number is required when:

DEFONEOS exposes the body-number slot as a configuration parameter. For deployments that fall under Art 43(1)(a), the deployment manifest requires an assigned 4-digit body number. Without that number, the CE variant cannot be rendered — the SIGIL chain refuses to emit the CE marking.

Withdrawal Procedure (Art 20 Non-Conformity)

if (CE_mark_visible && ( conformity_assessment.expired || eu_declaration_of_conformity.revoked || sigil_chain.integrity == "broken" || fria.outstanding_consultation || human_oversight.kill_switch_disabled || risk_management.high_residual_uncontrolled || quality_management.critical_capa_open )) { trigger("art-20-non-conformity"); remove_ce_mark(); notify_supervisory_authority(); deployer_obligation("suspend_or_recall"); publish_corrective_action_plan(); }

If any precondition breaks post-deployment (e.g., conformity assessment expires, FRIA consultation finds new risks), the CE mark must be removed and the supervisory authority informed within 72 hours per Art 20(1). DEFONEOS automates this via SIGIL watching the preconditions.

10-Framework Crosswalk

FrameworkEquivalent ProvisionDEFONEOS Mapping
EU AI Act Art 48CE conformity markingThis page
Decision 768/2008CE marking general frameworkVisual spec above
Regulation 765/2008Market surveillance and CEWithdrawal procedure
EU AI Act Art 20Non-conformity proceduresCode block above
EU AI Act Art 43Conformity assessmentPrecondition 1
EU AI Act Art 47EU Declaration of ConformityPrecondition 2
EU AI Act Art 49EU public databasePrecondition 4
UK UKCA MarkUK post-Brexit equivalentDocumented but not required
ISO/IEC 42001AIMS certification markOptional companion mark
NIST AI RMFTrustworthy characteristicsAll 8 preconditions aligned

Honesty Register

1. DEFONEOS does NOT currently display a CE mark on any deployed surface — none of the 8 preconditions are formally MET in a regulator-recognised sense (they are structurally complete, but not certified by a notified body or AI Office endorsement).

2. The "NB-2797" body number shown above is illustrative; DEFONEOS has no contract with a notified body. Live deployment requires Nick to engage a designated notified body (which itself depends on EU Member State designation per Art 30+34).

3. Self-assessment via Module A applies only to Annex III high-risk categories that are NOT in Annex I Section A (which require third-party conformity assessment). DEFONEOS anticipates falling under Annex I Section A for biometric and critical-infrastructure deployments, requiring third-party assessment.

4. The 5mm height requirement is specified in mm, not pixels — DEFONEOS implementation translates to a CSS minimum that approximates the requirement at standard DPI. Physical print materials (compliance packs for regulators) use a true-5mm version.

5. The CE mark is not a quality or regulatory endorsement; it is a self-declaration of conformity. Misuse is a regulatory offence per Art 99.

6. UK deployments after Brexit are governed by the UK AI Bill (expected 2026-27) and may use UKCA marking instead — DEFONEOS architecture is jurisdiction-agnostic, but actual CE marking applies to EU market placement only.

SIGIL Chain Anchor

Every CE marking render event, every precondition check, and every withdrawal triggers a SIGIL event of type P (Publication) with the system_id, deployment_id, and preconditions_hash. SIGIL logs the entire lifecycle of the CE mark, including the moment it became ineligible and was withdrawn.

Public SIGIL explorer: https://csoai.org/v1/sigil/events?actor=defoneos&action=ce-mark

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