Importer CH

The European Community has established that the importer is that person, natural or legal, who places a product originating in a third country on the Community market.

The importer must verify that the product imported by him:

• has a CE Certificate of Conformity;

• has the CE mark visible, legible and indelible;

• has the documentation for traceability;

• meet any specific warnings.

When the importer has reason to believe that the product is not compliant he must not put it on the market until it has been compliant.

The importer must ensure that, during the period of time that the product is under his responsibility, it is not modified in a way that could jeopardize its conformity.

The importer is subject to the duty to identify himself, reporting his data - name, address, registered trade name or registered trademark - on the object or, where this is not possible, in an accompanying document or on the packaging of the product itself.

Finally, just as in the case of the manufacturer, the importer has the obligation to keep the technical documentation for 10 years from the placing of the product on the market and to inform the manufacturer and the supervisory authorities where risk factors potentially damaging to the conformity of the product.

This is the natural or legal person - different from the manufacturer and the importer - who distributes a product on the market. Among its obligations we can include that of ensuring, as in the case of the importer, the conformity of the products with the directives of the European Community, in terms of the presence of the CE mark, indications relating to traceability and warnings, guaranteeing knowledge of the related technical documentation. to the product. The distributor is also obliged to ensure that, in the period of time in which the product is under his responsibility, this is not exposed to risks that could compromise its compliance. Finally, it is necessary that the distributor knows how to recognize non-compliant products and that he does his best to report inconsistencies.

An important case, which must be underlined, is that of an importer or a distributor who market a product by adding their own name or trademark to it. In this eventuality, in fact, the subjects in question are considered by the legislation to be the same as a manufacturer and must meet all the obligations related to his figure.