§7.5.3.3 Follow-up by border authorities

When market surveillance authorities inform the border authorities that they consider that product can be released for free circulation, border authorities must proceed to do so, provided that other requirements and formalities related to such release have been fulfilled (Article 27 of Regulation (EU) 2019/1020). If any further corrective measures are deemed necessary, the market surveillance authority should follow up on this. When market surveillance authorities find that the product is not compliant or presents a serious risk, they have to require the border authorities not to release the product for free circulation (Article 28(1) and (2) of Regulation (EU) 2019/1020). They must indicate whether this is because the product presents a serious risk or whether it is otherwise non-compliant with EU law. Border authorities have to enter this information in the customs data-processing system and, where appropriate, on physical documentation accompanying the product such as an invoice, as follows: — ‘Dangerous product – release for free circulation not authorised – Regulation (EU) 2019/1020’; or — ‘Product not in conformity – release for free circulation not authorised – Regulation (EU) 2019/1020’. Market surveillance authorities are required to enter the case in ICSMS, including the information that the case originates from border controls and the nature of the non-compliance (serious risk or other non-conformity). If the case highlighted a serious risk, they must also introduce the appropriate notification in RAPEX (Article 20 of Regulation (EU) 2019/1020). Market surveillance authorities should further take measures to prohibit the placing on the market of the product to prevent other shipments of the product from entering the EU market. Border authorities may decide to destroy the non-compliant products at the cost of the declarant where they present a risk to health and safety of end users (Article 28(4) of Regulation (EU) 2019/1020). Depending on the organisational structure, they may do so at the request of the market surveillance authorities. Border authorities may also allow the product to be placed into a customs procedure other than release for free circulation, if the market surveillance authorities do not object to this. In such case, the above-mentioned notice ‘Dangerous product… etc.’ or ‘Product not in conformity… etc.’ must be included in the documents used in connection with that procedure (Article 28(3) of Regulation (EU) 2019/1020). The border authorities may allow actions to ensure that the product will be modified, under relevant customs procedures and in an appropriate manner, thus enabling its further release for free circulation. In some cases, the place where the product is declared for free circulation may be different from the point of entry of the product. This does not preclude the competent authorities from carrying out appropriate controls at the point of entry. If they do so, they should provide the customs authorities at the place of declaration with adequate information on their controls and findings. Compliance with EU product rules does not apply to non-EU products that are not declared for free circulation, such as those in transit and placed in free zones and free warehouses. Information can however become available that these products do not comply with the relevant EU rules or present a serious risk. Such information should be communicated to the relevant authorities to avoid that such products could be placed on the EU market at a later stage.

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