That may be so, but I really think the powers that be have more to worry about than to check whether mirrors have an E-mark (not an EU-mark, by the way - it has nothing to do with the EU).
To give you a decent field of view I'd always recommend a convex mirror on the passenger's side. Whether convex or flat on the driver's side is really a matter of personal preference. The convex one gives a larger field of view but shows objects further away than they really are, which irritates some people.