7.5.2 国境管理の原則

Border authorities perform controls on imported products regardless of their means of transport (sea, air, road, rail, inland waters) or shipment (containers, small packages and any other form). They perform such controls on the basis of risk analysis in accordance with the Union Customs Code. (304) Where relevant, they should also consider the risk-based approach required from market surveillance authorities by Article 11(3) of Regulation (EU) 2019/1020 (Article 25(3) of Regulation (EU) 2019/1020). Border authorities and market surveillance authorities should regularly exchange risk information in order to increase the effectiveness of their risk analysis and the risk-based approach. In particular, market surveillance authorities are required to provide border authorities with information on the categories of products and economic operators that are more often found to be non-compliant (Article 25(5) of Regulation (EU) 2019/1020). This information should be regularly updated.

Border authorities may perform documentary or physical checks, and may also carry out laboratory checks. They may always contact the declarant or another relevant economic operator to request documents or additional information. The conditions for detailed controls, such as laboratory checks, can be agreed between customs authorities and market surveillance authorities, taking into account the working method they consider most efficient. Customs and market surveillance authorities should in any case work in close cooperation with each other.

The release for free circulation shall not be deemed to be proof of conformity with Union law (Article 27 of Regulation (EU) 2019/1020), since such a release does not necessarily include a complete check of compliance. Thus, even if released for free circulation, products may later be checked by market surveillance authorities and can be found non-compliant.