Why customs detain products: CE and DoC problems

The five grounds for suspending release

Article 26 of Regulation (EU) 2019/1020 requires customs to suspend release where they establish that:

• the product is not accompanied by the documentation required by EU law, or there is reasonable doubt about the authenticity, accuracy or completeness of that documentation;
• the product is not marked or labelled as EU law requires;
• the CE marking or other required marking has been affixed in a false or misleading manner;
• the name and contact details, including the postal address, of the EU economic operator responsible for the product are not indicated or identifiable;
• for any other reason, there is cause to believe the product does not comply with EU law or presents a serious risk.

What happens after suspension

Customs notify the market surveillance authority immediately. If, within four working days of the suspension, the market surveillance authority has not asked customs to maintain it, and all other formalities are fulfilled, the product is released. The authority can also approve release earlier.

If the authority concludes that the product presents a serious risk, or does not comply with EU law, it prohibits placing it on the market and customs refuse release. The customs system, and where appropriate the invoice and accompanying documents, then carry the notice "Dangerous product — release for free circulation not authorised" or "Product not in conformity — release for free circulation not authorised", with a reference to Regulation (EU) 2019/1020.

The CE and DoC problems behind most suspensions

• No EU economic operator (importer, authorised representative or fulfilment service provider) named on the product, packaging or accompanying documents.
• CE marking missing, too small, with the wrong proportions, or on a product that has no CE legislation.
• No Declaration of Conformity available, or one that does not match the product: wrong model, wrong manufacturer, unsigned.
• A laboratory test report presented as if it were the declaration.
• Missing labels required by specific legislation, such as the crossed-out wheeled bin or battery markings, or instructions and warnings not in the local language.

How to respond

• Answer quickly: the four-working-day window runs from the suspension.
• Provide the Declaration of Conformity for the exact model, the supporting test reports and, on request, the technical documentation.
• Identify your EU economic operator and make sure its details are on the product or packaging.
• If the documents themselves have errors, fix them rather than resending them; a declaration that contradicts the product makes things worse.
• Ask the authority what would allow release; the options depend on the Member State and the nature of the problem.

Frequently asked questions