Control of products from third countries

Control during importation is an effective way to prevent unsafe or non-compliant products from entering the EU.

The authorities designated to control products entering the market and the market surveillance authorities must cooperate closely.

Regulation 2019/1020 sets out procedures for dealing with products that border authorities suspect of being non-compliant.

Release for free circulation is not considered proof of compliance with the law.

All products available on the market must comply with applicable EU legislation, regardless of their origin. The most effective approach to preventing the import of non-compliant or risky products into the EU is to carry out checks during the import process, before the products are released for free circulation and can subsequently be marketed in the European Union. Thus, the authorities responsible for controlling products entering the market (mainly, but not always, customs authorities, hereinafter referred to as ‘border authorities’) play a crucial role in carrying out primary checks on compliance and the absence of risks for products originating in third countries (hereinafter referred to as ‘border controls’).

The role of border authorities

In most countries, border controls are carried out by customs authorities. However, customs officials do not usually have the technical knowledge to decide whether products comply with applicable EU legislation: to do so, they must refer suspicious cases identified during their controls to the competent market surveillance authorities. Border control therefore requires close cooperation between customs authorities and market surveillance authorities in order to be effective. When the border authority is also the market surveillance authority, it can perform its tasks autonomously within its areas of competence and does not need to interact with another authority to reach conclusions.

Principles of border control

Border authorities carry out controls on imported products regardless of the mode of transport (sea, air, road, rail, inland waterways) or shipment (containers, small packages and any other form). They carry out such controls on the basis of risk analysis in accordance with the Union Customs Code. Where appropriate, they should also take into account the risk-based approach required of supervisory authorities in accordance with Articles 11(3) and 25(3) of Regulation 2019/1020. Border authorities and supervisory authorities are required to regularly exchange risk information in order to improve the effectiveness of their risk analysis and risk-based approach. In particular, supervisory authorities are required to provide border authorities with information on the categories of products and economic operators that most frequently fail to comply with the requirements.

Border authorities may carry out documentary or physical checks, as well as laboratory checks. They may always contact the declarant or other relevant economic operator to request documents or additional information. The conditions for detailed checks, such as laboratory tests, may be agreed between customs authorities and market surveillance authorities, taking into account the working method they consider most effective. In any case, customs authorities and market surveillance authorities must work in close cooperation with each other.