Customs / RoHS / REACH / GPSR risks?

The risk: compliance jungle with hard consequences

When importing from China, the rule is not "I'm buying in China, so Chinese rules apply." Once the goods enter the EU market, EU regulations apply — and the EU importer carries full responsibility. Four areas weigh particularly heavily: customs classification, RoHS (hazardous substances), REACH (chemicals), and the new GPSR (General Product Safety Regulation, in force since 13 Dec 2024).

Penalties are significant: under the EU market surveillance regime, six-figure fines per violation are possible, plus recall costs and personal director liability.

The four compliance duties in detail

1. Customs

Every imported product needs a correct HS code (Harmonized System / Combined Nomenclature). Wrong classification = post-clearance duty + penalties. Also relevant: anti-dumping duties (e.g., on Chinese solar modules, e-bikes, certain steel products), anti-subsidy duties, tiered third-country tariffs. Tool: EU TARIC database + national customs tariffs.

2. RoHS (Hazardous Substance Restriction)

The RoHS Directive 2011/65/EU (with updates) restricts 10 hazardous substances in electronics: lead, mercury, cadmium, chromium VI, PBB, PBDE, 4 phthalates. Thresholds: typically 0.1% or 0.01% of material mass. Mandatory tests with lab report. Common problem with Chinese suppliers: undeclared cadmium in solders or lead in plastic stabilizers.

3. REACH (Chemicals)

The REACH Regulation (EC) 1907/2006 regulates chemical substances. Currently ~240 so-called SVHC (Substances of Very High Concern) on the ECHA candidate list. At concentrations ≥0.1% in the product, there's an information obligation to customers + potentially notification obligation to ECHA. Common hits in China imports: phthalates (DEHP, BBP) in PVC plastic, formaldehyde-containing adhesives, lead- and cadmium-containing pigments.

4. GPSR (General Product Safety Regulation)

Effective 13 December 2024, the EU Regulation 2023/988 (GPSR) applies. It replaces the old Product Safety Directive and requires for ALL consumer products (even without CE obligation): EU responsible person, risk analysis, technical documentation, recall plan, online marketplace compliance. Anyone working with non-EU suppliers needs an EU representative in the EU.

How we check

• HS code classification — we compare product vs TARIC, check anti-dumping lists.
• RoHS compliance — we require full material declaration (FMD) + XRF screening + lab report from accredited body.
• REACH screening — comparison with current ECHA candidate list, SVHC test on suspicion (e.g., plastic parts).
• GPSR check — safety risk analysis, EU representative appointment, online listing compliance (Amazon, eBay).
• Document collection — complete compliance file for 10-year retention per EU requirement.

Consequences if ignored

• Customs stop + post-clearance duty — for wrong HS coding, post-clearance payment + fine 50%–200% of duty amount.
• GPSR fines — up to 4% of annual turnover or €100,000+ (depending on member state) per violation.
• RAPEX entry — public listing in Safety Gate for safety-relevant defects.
• Sales ban — market surveillance can block the product immediately.
• Personal director liability — for knowingly placing products on the market without compliance.
• Insurance exclusion — product liability does not cover intentional compliance violations.

Sources & further reading

• EU GPSR (General Product Safety Regulation)
• ECHA — Understanding REACH
• ECHA — SVHC Candidate List
• RoHS Directive — overview
• EU TARIC — customs tariff database
• EU Safety Gate (RAPEX)