[summary box heading=”What to do if market surveillance is holding the goods?”]
- Contact the market surveillance authority and clarify why the goods are being held.
- Check whether the complaints from market surveillance and customs have been justified.
- Clarify whether any defects can still be healed afterwards.
- Make sure that deadlines for market surveillance are strictly observed so that the goods are not destroyed. The deadlines are usually very short.
Anyone importing goods from outside the European Union may have come into conflict with it – market surveillance. If goods do not meet the legal requirements for proper product safety, they may be detained by customs. Affected companies usually have to react quickly. A lawyer who is familiar with market surveillance can often help.
Customs does not release the goods
When importing goods, Customs partially checks whether a consignment may be suspected of not complying with all relevant regulations necessary for proper product safety. In such cases, customs shall refuse to release the goods for free circulation. The Market Surveillance Authority is then consulted and has to decide whether all relevant regulations have been complied with. As a rule, it is checked whether a declaration of conformity is available and whether markings, in particular the CE mark, have been applied correctly.
Fast action is necessary
Companies are often dependent on obtaining the goods immediately – for example, because they have to meet their own delivery obligations or have to pay demurrage charges for the containers.
In this respect, a solution must be found quickly in customs and market surveillance. Legal assistance is often unavoidable as the market surveillance authorities have very limited access to arguments.
Companies should not stand idly by in any case, as otherwise the destruction of the goods can threaten.If you have any questions about market surveillance and customs, please do not hesitate to contact us