Only place compliant products Art. 19(1), Art. 19(3)
An importer may place a product on the market only where it meets the essential cybersecurity requirements in Part I of Annex I and the manufacturer's processes meet the requirements in Part II (Art. 19(1)). This is the backstop duty: you cannot knowingly bring a non-compliant product into the EU, whoever built it.
If you consider or have reason to believe a product or the manufacturer's processes are not in conformity, you must not place it on the market until it is brought into conformity; where it presents a significant cybersecurity risk, you must inform the manufacturer and the market surveillance authorities (Art. 19(3)).
Verify the manufacturer did the work Art. 19(2), Art. 19(4)
Before placing the product on the market, you must check the manufacturer's compliance evidence (Art. 19(2)). This is a documentation-verification duty: you confirm the paperwork exists and the marking is present, and you must be able to produce the documents proving it. You also add your own contact details to the product, its packaging, or an accompanying document (Art. 19(4)).
- The appropriate conformity assessment procedure has been carried out by the manufacturer. (Art. 19(2))
- The manufacturer has drawn up the technical documentation. (Art. 19(2))
- The product bears the CE marking and comes with the EU declaration of conformity and user information. (Art. 19(2))
- The manufacturer met the identification, contact, and support-period duties (Art. 13(15), (16) and (19)). (Art. 19(2))
Vulnerability and record-keeping duties Art. 19(5), Art. 19(6), Art. 19(7), Art. 19(8)
On becoming aware of a vulnerability in the product, you must inform the manufacturer without undue delay; where the product presents a significant cybersecurity risk, you must immediately inform the market surveillance authorities of the Member States where you made it available (Art. 19(5)). If you find a product you placed is non-conforming, take corrective measures or arrange withdrawal or recall (Art. 19(5)).
You must keep a copy of the EU declaration of conformity available to authorities for at least ten years after placing on the market, or the support period if longer, and be able to make the technical documentation available on request (Art. 19(6), Art. 19(7)). If the manufacturer ceases operations, inform the authorities and, so far as possible, users (Art. 19(8)).
The own-brand and substantial-modification trap Art. 21, Art. 19(5)
The importer role is lighter than the manufacturer role, but it is easy to leave. If you place the product on the market under your own name or trademark, or you carry out a substantial modification, you are treated as the manufacturer and become subject to Articles 13 and 14 in full (Art. 21). At that point the reporting duty under Article 14 becomes yours; as a plain importer it does not, you inform the manufacturer and authorities instead.