In this article we are going to discuss grey imports and who is responsible for conformity, using the TwoTrees laser engraving machine (Alert number A11/00034/22) which was reported on Rapex as an example.

The fortress Europe myth.

While many believe europe to be a 'fortress' of regulations, import restrictions and checks. In reality this is far from the truth. While europe does indeed have the highest standards for product safety; and rightly so! It lacks the proper market surveillance to inspect every product that crosses the border. In reality it would be a monumental if not impossible task to inspect every import crossing the border is compliant.

If no one is checking how is conformance guaranteed?

Conformance should be guaranteed by the importer (or manufacture if already located in the EU). An importer is anyone importing any goods or products into the EU. Traditionally importers would be exclusively larger companies who would resell and distribute the product across the single market.

A company located in europe is a lot easier to hold to account than one outside. Therefore EU places the total responsibility for ensuring compliance with the importer. This legal and financial responsibility should encourage importers to carry out their own compliance checks as if the product is found to be non-conforming or causes harm later on they are solely responsible for the repercussions.

Importers responsibility.

When importing from non-EU countries, importers must check that products fulfil all EU safety, health and environmental protection requirements before placing them on the market. The importer has to verify that

• the manufacturer outside the EU has taken the necessary steps to allow the product to be placed on the EU market
• the necessary documentation such as the EU Declaration of Conformity (27 KB) and the technical documentation is available upon request
• contact with the manufacturer is possible at any time

Source: Europa.eu

Direct to consumer, everyone is the importer.

For a long time this responsibility placed on the importer serviced. However with the rise of direct to consumer services such as Amazon, Aliexpress, Bol.com etc anyone can easily import anything through these sites.

When you order a product on these websites which is located outside the EU you (often unknowing) just became a importer and are now responsible for ensuring the product is conforming to all the relevant EU directives.

Foreign business have no issue adding a fake CE mark and claims somthing is conforming with the EU directives because when something goes wrong they cannot or are unlikely be held to account. Worst case scenario their profile is deleted however they can just relaunch / reupload under another name and ID.