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Suppliers and imports Importer 6 min read

The tested sample is not the product we received

A test report shows that one sample met the requirements, not that every unit does. The General Product Safety Regulation and the CE acts make the manufacturer keep series production in line with the technical documentation, and forbid the importer to place a product it has reason to doubt. Hold the batch, document the differences, test units from the delivery and demand production that matches the file.

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Reviewed 5 October 2026 by the Conphora compliance team · Not legal advice

Why this happens

A test report describes the item that was tested. EU product law asks for more: that every unit placed on the market is safe and compliant. Under the General Product Safety Regulation (EU) 2023/988, manufacturers draw up technical documentation that includes, where appropriate, the outcome of test reports (Article 9(2)), and must ensure that procedures are in place for products produced in series to remain in conformity with the general safety requirement (Article 9(4)).[1]

The CE acts say the same in more detail. Under the Low Voltage Directive 2014/35/EU, manufacturers ensure that procedures are in place for series production to remain in conformity, and take changes in design or characteristics into account (Article 6(4)). The internal production control module the Directive uses requires the manufacturer to take all measures necessary so that the manufacturing process and its monitoring ensure compliance of the manufactured equipment with the technical documentation (Annex III, point 3). Decision No 768/2008/EC, the model for the CE acts, uses the same wording in Module A and, for type-examined products, requires conformity with the approved type in Module C. Some acts add product checks at random intervals by a notified body or an accredited in-house body (Module A2).[2][4]

The importer sits between the factory and the market. Before placing a product, the GPSR importer ensures that the product complies with the general safety requirement and that the manufacturer has drawn up the technical documentation, and where it has reason to believe the product does not conform, it must not place it until it has been brought into conformity (Article 11(1) and (2)). The Low Voltage Directive has the same rule for importers (Article 8(2)) and adds that importers carry out sample testing of marketed equipment when the risks make it appropriate (Article 8(6)).[1][2]

Authorities check what reaches customers. Regulation (EU) 2019/1020 gives them the power to acquire product samples, including under a cover identity, to inspect and reverse-engineer them (Article 14(4)(j)), and to require corrective action or order withdrawal or recall (Article 14(4)(g) and (h)). A difference between the tested sample and the delivered goods is therefore a question about the delivered goods, and the importer is the one who must answer it.[3]

How to solve it

  1. Put the delivery next to the tested sample

    Compare units from the delivery with the sample and with the test report: model number, markings, materials, critical components, weight and dimensions. Photograph each difference and note which units and batches show it.

  2. Judge whether the difference touches the evidence

    Ask whether the difference concerns something the test or the risk analysis relied on, such as a power supply, an insulating material, a small part or a coating. A changed carton colour is not the same as a changed charger. Write down your reasoning per difference.

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  3. Hold the batch and ask the manufacturer

    Keep the goods from sale while the question is open. Ask the manufacturer to explain the differences and to show how its production control keeps units in line with the technical documentation, with records for your batch.

  4. Test units taken from the delivery

    Where the answer leaves doubt, have units tested that you pick from the delivery yourself, against the standards in the technical documentation. Release the batch only when the results support it, and keep the report in your file.

  5. Close the gap for future orders

    Agree a reference sample kept by both sides, checks on units drawn from production before shipment, and written notice before any change. These are contract terms, set by agreement with the supplier.

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What you need to show

DocumentWhere it comes fromLegal ground
Comparison of the delivered units with the tested sample, with photosYour goods-in inspectionSupports GPSR Article 11(1) and (2); LVD Article 8(2)
The manufacturer's explanation and production control records for the batchThe manufacturerGPSR Article 9(4); LVD Article 6(4) and Annex III point 3
Test report on units drawn from the deliveryA laboratory you instructLVD Article 8(6); GPSR Article 9(2)(a)
Your release or rejection decision for the batchYour quality functionGPSR Article 11(2); LVD Article 8(2)

If you do nothing

Authorities test what is on the market

Market surveillance authorities can buy product samples, including under a cover identity, inspect them and reverse-engineer them to obtain evidence (Regulation (EU) 2019/1020, Article 14(4)(j)). A report on a pre-production sample does not answer for a unit bought in a shop.[3]

Withdrawal or recall

Where non-compliance persists, authorities can prohibit or restrict the product or order its withdrawal or recall (Regulation (EU) 2019/1020, Article 14(4)(h)).[3]

Your own duty to act

If you placed units and have reason to believe they are dangerous, you must inform the manufacturer, ensure corrective measures, inform consumers and notify the authorities through the Safety Business Gateway (GPSR Article 11(8)).[1]

Questions about this problem

Does one test report cover the whole production?

No. The report shows that the tested item met the requirements. The manufacturer must have procedures so that products made in series stay in conformity (GPSR Article 9(4); LVD Article 6(4)), and its manufacturing process must ensure the units match the technical documentation.

Who should pick the units we test?

The law does not say. Authorities draw their own samples from the market, including by test purchases. Units you take from the delivery yourself tell you more about what customers will receive than a sample chosen by the factory.

Do we have to notify the authorities?

Not for a mere doubt about a batch you have not placed: you must not place it until it is brought into conformity (GPSR Article 11(2)). If the units are dangerous, you must inform the manufacturer and ensure the authorities are informed through the Safety Business Gateway even before placing (Article 11(2)); the Low Voltage Directive has the same rule where equipment presents a risk (Article 8(2)). Once placed, Article 11(8) applies.

Can we sell the units that match the sample?

Where you can identify and separate them, and your evidence shows they match the tested product and the technical documentation, they can be released. Keep the record of how you separated them.

Is the factory liable for the cost?

Who bears testing, storage and rework costs between you and the factory is set by agreement and by the national law that governs your contract. Towards the authorities, your importer duties stay with you.

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Regulations involved

GPSRLVD

Sources

  1. Regulation (EU) 2023/988 on general product safety (consolidated text of 29 May 2026) EUR-Lex · accessed 4 October 2026
  2. Directive 2014/35/EU on electrical equipment (Low Voltage Directive), consolidated text of 30 May 2026 EUR-Lex · accessed 4 October 2026
  3. Regulation (EU) 2019/1020 on market surveillance and compliance of products (consolidated text of 12 August 2026) EUR-Lex · accessed 4 October 2026
  4. Decision No 768/2008/EC on a common framework for the marketing of products EUR-Lex · accessed 4 October 2026

About this page

Reviewer
Conphora compliance team
Reviewed
5 October 2026

General information, not legal advice. Check the legal text or ask an adviser about your own product.

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Cite this page 
Conphora (2026). The tested sample is not the product we received. Retrieved 13 October 2026 from https://www.conphora.com/solutions/problem/sample-vs-production/
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