TÜV-Verband e. V.

…12 September 2022 Feedback to the EU Commission’s call for evidence Reform of the Union customs legislation In the light of globalization and growing pressure on supply chains, customs authorities are facing particular challenges in the course of their tasks. Not only does the number of traded goods continuously increase, but equally does the number of non-compliant and unsafe goods placed on the EU Single Market. This trend is further exacerbated by a rapidly growing e-commerce market, in particular during the pandemic. Against this background, the TÜV Association welcomes the intention of the European Commission to evaluate EU custom legislation and possibly adapting it to new developments.

…intention of the European Commission to evaluate EU custom legislation and possibly adapting it to new developments. From the view of the TÜV organizations, the objective to ensure that imported products comply with EU product safety legislation and (future) due diligence requirements along the value chain is of particular importance. This equally applies to the identification of counterfeit products at the borders. These objectives require a close coordination and cooperation between customs authorities and market surveillance authorities. However, given the vast amount of products, both authorities are only able to carry out sample checks thus identifying only the tip of the iceberg of non-compliant products entering the EU Single Market. The services of independent assessment organisations can help to somewhat bridge this gap.

…the EU Single Market. The services of independent assessment organisations can help to somewhat bridge this gap. By assessing the conformity of products before they are placed on the market, organisations such as the TÜV do effectively support the work of national authorities, which do not need to identify non-compliant or counterfeit products at a later stage. In doing so, they help to implement the precautionary principle as a cornerstone of EU product legislation. Moreover, this preventive approach is completely financed by the manufacturer, importer or distributor and thus reduces the need for further tax-financed intervention by national authorities. Independently issued certificates (e.g. test marks) create more transparency for consumers, other economic actors and national authorities alike.

(e.g. test marks) create more transparency for consumers, other economic actors and national authorities alike. A certificate summarizes and documents a product’s compliance with safety, environmental or due diligence requirements in a transparent manner. By doing so, information asymmetries between manufacturers and customers are reduced, and consumers can better compare the functional and environmental characteristics of different products. Hence, the trust in product claims made by the manufacturer is substantially enhanced. This reduction of complexity equally facilitates that work of customs (and market surveillance) authorities, as they can immediately recognize that the product has been independently assessed thus being able to focus their limited resources to other products. Ref.

…the product has been independently assessed thus being able to focus their limited resources to other products. Ref. Ares(2022)6292386 - 12/09/2022 www.tuev-verband.de/en Page 2 of 3 Feedback on the Reform of the Union customs legislation There are a number of existing services by independent assessment organizations that can support customs authorities in performing their current and future tasks. Here are two examples: 1) Supplier qualification: traders can register as “trusted traders” with regard to their economic activities by having the completeness and correctness of relevant information (e.g. location, availability of stock, information of supply chain) independently assessed. 2) Pre- & post-shipment inspection: shipped goods (e.g. feedstock or commodities) are independently assessed with regard to the correct type, amount, quality class etc.

(e.g. feedstock or commodities) are independently assessed with regard to the correct type, amount, quality class etc. at the port of departure or arrival on behalf of the importer or trader. A positive attestation/inspection report is only issued if there is no divergence between the declared data and the actual goods. As regards data provision, the Digital Product Passport as envisaged by the European Commission can be an effective instrument to reduce complexities for customs authorities. However, the prerequisite is that economic actors and authorities can fully rely on the validity of the data stored therein. Consequently, the correctness and completeness of the information to be incorporated in the Digital Product Passport should be independently assessed, for example by making use of the new and lean conformity instrument of validation and verification (ISO/IEC 17029).

…for example by making use of the new and lean conformity instrument of validation and verification (ISO/IEC 17029). It is used to validate information that have been declared (i.e. declarations, claims, reports). Validation is applied to claims regarding an intended future use or a projected outcome (confirmation of plausibility). Verification is applied to claims regarding events that have already occurred or results that have already been obtained (confirmation of truthfulness). In summary, the services of independent assessment organizations do significantly contribute to the well-functioning of the EU Single Market (establishment of a level-playing field and creation of trust for market actors in the safety of products) and function in a complementary way to the checks and inspections of customs and market surveillance authorities and should be made use of.

…way to the checks and inspections of customs and market surveillance authorities and should be made use of. www.tuev-verband.de/en Page 3 of 3 Feedback on the Reform of the Union customs legislation Author and contact Johannes Kröhnert Head of Brussels Office Email: [email protected] Tel. +49 30 760095 500 | +32 471 793300 www.tuev-verband.de/en TÜV-Verband e. V. (TÜV Association) represents the policy and technical interests of its members within the spheres of politics, administration and industry, and vis-à-vis the general public. It is committed to technical and digital safety for products, systems and services through independent assessments and qualified training. The TÜV Association strives with its members to maintain the high level of technical safety in our society and to build trust in the digital world. Published by TÜV-Verband e. V.

…high level of technical safety in our society and to build trust in the digital world. Published by TÜV-Verband e. V. Friedrichstraße 136 10117 Berlin Tel.: +49 30 760095-400 Fax: +49 30 760095-401 Email: [email protected] www.tuev-verband.de/en

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