sec_2_5__para__5

The authorities designated for controls on products entering the Union market and market surveillance authorities have the obligation and the power, based on risk analyses, to check products arriving from third countries and to intervene as appropriate before their release for free circulation, irrespective of when they are de facto placed on the Union market. This is to prevent the release for free circulation and thus the making available in the EU territory of products that are not in compliance with the relevant Union harmonisation legislation or present serious risks to health, safety, the environment or other public interests (64). However, the release for free circulation should not be considered to be proof of conformity with Union harmonisation legislation, as such release does not necessarily include a complete check of compliance. Products imported from countries outside the EU may therefore be subject to subsequent checks, requests and decisions by market surveillance authorities in accordance with Regulation (EU) 2019/1020. Where customs authorities at the first point of entry have reasons to believe that products arriving from third countries and either in temporary storage or placed under a customs procedure other than ‘release for free circulation’ are not compliant with applicable Union harmonisation legislation or present a risk, they are required to transmit all relevant information to the competent customs office of destination.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.