§7.5.3.1 Suspension by border authorities of products suspected to be non-compliant or to present serious risk and notification to market surveillance authorities

When a product imported from a third country has been selected for control and the border authorities have reasons to believe that it is non-compliant – for instance in relation to the essential requirements or the required accompanying documentation, marking, labelling or other information – or that it presents a serious risk, they have to suspend the release for free circulation and notify the relevant market surveillance authority thereof (Article 26(1) and (2) of Regulation (EU) 2019/1020). The border authorities should share this information in an agreed form, providing the market surveillance authority with the necessary information to assess the compliance of the product. Regulation (EU) 2019/1020 has tasked the Commission to develop an IT solution linking existing national customs systems and ICSMS, which should ultimately facilitate the communication and handling of such cases. Market surveillance authorities must also, at their own initiative, ask border authorities to suspend the release for free circulation if they have reasonable grounds to believe that a product arriving at customs is non-compliant or presents a serious risk (Article 26(3) of Regulation (EU) 2019/1020).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07