§7.5.3.2 Decision by market surveillance authorities

Market surveillance authorities have four working days to react to the notification of a suspension. If they do not react within this timeframe, border authorities will have to release the product for free circulation, provided that other requirements and formalities related to such release have been fulfilled (Article 27 of Regulation (EU) 2019/1020). This does not mean that the entire procedure from the suspension until the decision on release for free circulation should be completed within four working days. It should be handled without delay to avoid creating barriers for legitimate trade, but the suspension of release can be maintained for the time required by the market surveillance authority to carry out appropriate verifications on the products and allow them to take the final decision on compliance. Market surveillance authorities should ensure that the free movement of products is not restricted to any extent greater than necessary or allowed under any relevant EU legislation. To that end, market surveillance authorities should perform their activities regarding products originating from third countries - including the interaction with the relevant economic operators - with the same methodologies and celerity as for products originating from the EU. If the market surveillance authority is unable to make a final decision on compliance within the four working days, it should notify the border authorities within this timeframe that its final decision on the product is pending and request to maintain the suspension of release for free circulation. In this event, the release for free circulation remains suspended until the market surveillance authority has made a final decision. The products will remain under customs supervision even if they are allowed to be stored at another place approved by customs.

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