Our supplier cannot provide a test report

The duty to show that a product is safe sits with the manufacturer, but the importer has to check that it was done. Under the General Product Safety Regulation (EU) 2023/988, the manufacturer carries out an internal risk analysis and draws up technical documentation before placing the product on the market. Where appropriate to the risks, that documentation contains the analysis of possible risks and the solutions adopted, including the outcome of reports on tests carried out by the manufacturer or on its behalf, and the European standards or other elements applied (Article 9(2)). Before placing a product on the market, the importer must ensure that the product meets the general safety requirement and that the manufacturer has complied with Article 9(2), (5) and (6) (Article 11(1)).^[1]

The same logic applies to CE-marked products, with the sector act in charge. Under Article 2(1), third subparagraph, point (b), of the GPSR, Chapter III, Section 1 (Articles 9 to 18) does not apply to products subject to Union harmonisation legislation. For low voltage equipment, the importer must ensure that the manufacturer has carried out the conformity assessment and drawn up the technical documentation, and that the product bears the CE marking and is accompanied by the required documents (Directive 2014/35/EU, Article 8(2)). The module A technical documentation includes test reports (Annex III, point 2(f)).^[1][2]

A test report is therefore evidence, not a box to tick. The Commission's Blue Guide explains that the importer's checks do not imply a need to resort systematically to additional control procedures or third-party testing, nor do they preclude it. What the importer may not do is place a product it has reason to believe does not conform (GPSR Article 11(2); LVD Article 8(2), second subparagraph).^[1][2][4]

The gap becomes visible at the border and in the market. Customs suspend the release of a product that lacks the documentation its Union law requires, or whose documentation raises reasonable doubt (Regulation (EU) 2019/1020, Article 26(1)(a)). Market surveillance authorities can require the documents and order corrective action (Article 14(4)). The importer keeps its copy of the technical documentation for 10 years after placing the product on the market (GPSR Article 11(6)).^[1][3]