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5 - Importation of glass blocks from extra-community countries
Besides being subjected to EU regulations, importers of products manufactured outside the EU are obliged to comply with several important national laws pertaining to:
- Product labelling
- Designation of origin or geographical indications
- Product safety
- Liability for damage caused by defective products (known as producer's liability)
With regards to product safety, in addition to specific rules for individual product types, in Europe there is a general discipline about the general safety of products laid down in Directive n. 92/59/EC, then modified by Directive n. 2001/95/EC.
The product safety rules apply not only to the producers but to the distributors also.
In fact, the manufacturers are not the only ones considered as producers, but also any other person who presents himself/herself as producer by affixing their own name, trademark or any other distinguishing mark to the product; those who service the products, or the representatives of the producer if the latter is not incorporated within the EU, or in the case of not having a representative residing in the EU; the importer of the product, and any other economic operators in the marketing chain whose activity influences the safety characteristics of the products.
All products launched on the market must be safe. Products are considered as safe if, in normal use or reasonably foreseeable conditions, including their duration, operation, installation and maintenance, they do not present any risks, or at least only minimum risks that are compatible with the use of the product and deemed acceptable in accordance with a high level of protection of personal health and safety.
Amongst other things, the producer must also provide the consumer with all the useful information for assessing and preventing risks deriving from normal use.
He must also adopt the necessary measures for allowing the consumer to be informed about any risks and undertake all initiatives for preventing risks, also including the withdrawal of the product from the market.
Moreover, the distributor has specific obligations even when not considered as a producer.
For example, the distributor must not supply products if he is aware, or should have been aware of their risks, and he must cooperate with the Authorities by providing information about the actions undertaken to protect consumers, keeping all suitable documentation and tracing the origin of the products for a period of ten years after release to the final consumer. Failure to comply with these obligations will entail the enforcement of criminal and administrative sanctions.
In particular, liability for damage deriving from defective products in the European Union is ruled by national legislation in force in Member States and by Directive n. 85/374/EC then modified by Directive n. 99/34/EC.
For the products imported from non-EU Countries, the liability of the producer also applies to the importer, even if the former has been identified. Moreover, the distributor is always liable in the event of the producer not being identified.
The community customs code regulations apply in ALL European Union (Regulation n.1992/2081/EC that imposes specific obligations to importers).
DISCLAIMER
SEVES S.p.A. wishes to point out that this brochure is purely intended for information purposes. It may in the future be subjected to amendments and/or updates which alter its contents and meaning. For this reason, with respect to the information contained in this brochure SEVES S.p.A. does not assume any legal liability or responsibility for the accuracy, variations or interpretation pertaining to the same.
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