Import and export operations between the European Union and Turkey are frequently hampered by customs delays, particularly concerning machinery. In such scenarios, CE marking is a decisive tool for resolving these issues. This article explores the EU regulations governing customs hold-ups and highlights the critical importance of CE compliance in this context.
Customs delays and EU Regulation 2019/1020
A primary driver behind increased customs scrutiny was the implementation, in July 2021, of Regulation (EU) 2019/1020 on market surveillance and product compliance. This regulation introduced a significant update regarding the oversight and CE compliance of products.
One of its core objectives is to clarify the obligations of economic operators, providing precise definitions for the roles and responsibilities of manufacturers, importers, authorized representatives and fulfillment service providers. Notably, if a manufacturer is based outside the EU, legal responsibility for CE marking extends to other figures, including the authorized representative, the importer, or the logistics provider.
Preventive customs checks:why products get blocked
Why is machinery being held at customs? The main reason is the reinforced preventive role of customs authority in controlling products entering the Single Market. Customs powers have been expanded, allowing authorities to block any incoming product that potentially poses a risk.
What are the key risk assessment criteria?
This is where correct CE marking becomes essential. To be compliant, the marking must include, among other elements, the contact details of the entity representing the manufacturer within the EU. Furthermore, technical documentation must be available (where required) and drafted in the language of the product’s end-users.
If a product is classified as “at risk” during a customs check, it is reported to the relevant national authorities (such as MIMIT, formerly MISE , in Italy). The product may be sent to laboratories for testing; in cases of non-compliance, it is returned to the sender, potentially triggering criminal proceedings. Crucially, the costs of both laboratory testing and return shipping are borne by the economic operator.
Additional reasons for customs holds
- Absence of a signed CE Declaration of Conformity or the CE plate on the product
- Missing instruction manual
- Lack of accompanying documentation for customs clearance
- Incorrect directives or technical standards cited on the CE Declaration
- Non-compliant instruction manual
- Inconsistencies in the technical file (data mismatch between the declaration, the nameplate and the manual)
- Inconsistencies in clearance documentation (e.g. mismatched consignees)
The importance of the Technical File
The Technical File is the fundamental proof of a machine’s compliance, as it compiles all documents certifying adherence to safety laws. It is the importer’s responsibility to formally demonstrate product compliance through this file.
The three essential documents within the file are:
- The user and maintenance manual
- The declaration of conformity
- The label/nameplate
The label must be in the name of the manufacturer (or an EU-authorized representative). If an importer places their own name on the product, they legally become the manufacturer. Meticulous preparation of the technical documentation prior to shipping is essential to avoid delays. If a hold occurs, it is still possible to initiate a procedure to bring the machinery into compliance with EU law by preparing or completing the necessary documentation.
Customs in Turkey: theory vs practice
Regarding the Machinery Directive 2006/42/EC, a mutual recognition agreement exists between the EU and Turkey. This means that machinery destined for Turkey should not be subject to special safety or compliance checks beyond standard customs procedures.
In theory, the CE mark and the Declaration of Conformity should suffice for export. However, Turkish customs often request additional documentation, including:
- Evidence of tests, trials and verifications (even those not strictly applicable)
- Test reports for electrical safety (EN 60204-1) and noise emissions
- Additional documents such as LVD (Low Voltage Directive) checklists, risk assessments and declarations citing specific harmonized standards (even if not mandatory)
- Strict adherence to the correct customs code (HS Code), as subsequent modifications can be complex
- Specific formatting requirements for documents (e.g., specific covers, headers or bold text)
Conclusions
CE marking facilitates the free movement of machinery not only within the EEA (EU, Iceland, Liechtenstein and Norway) but also in Turkey, Switzerland, Andorra and San Marino through specific agreements.
Consequently, foreign manufacturers exporting industrial machinery to Turkey should not face requests for documentation beyond what is required by the Machinery Directive. However, direct reports from the field show that discrepancies often exist between the theory of the agreement and the reality of Turkish customs demands.
Properly preparing the technical file and ensuring flawless CE marking are vital to avoid delays and seizures. While mutual recognition should simplify procedures, companies often encounter requests for supplementary documentation.
Therefore, we strongly recommend meticulous document preparation and a through verification of specific requirements.
