Market surveillance: how to pass a product‑characteristics inspection and prove compliance

Product characteristics inspection is one of the key tools of state market surveillance, and for businesses it often becomes the first moment when the real state of affairs with labelling, technical documentation and conformity documents is revealed. The worst scenario for a company is not the inspector’s visit itself, but the lack of a prepared documentation package and the failure to understand who exactly in the supply chain is responsible for product safety and compliance.

Market‑surveillance authorities carry out scheduled and unscheduled inspections of product characteristics, and such an inspection may include a document review, examination of samples and, where there are grounds, selection of products for expert analysis or testing. Scheduled inspections are conducted without prior written notice to the business entity, which in practice means a simple thing for companies: you must prepare for such an inspection not “after a call”, but in advance.

What is a product‑characteristics inspection
In the field of market surveillance, this is not a classic tax or labour inspection, but control over whether non‑food products meet the mandatory requirements of legislation, in particular technical regulations. Inspectors are interested not only in the product itself, but in everything that allows them to identify its origin, safety, proper labelling and the lawfulness of its being placed on the market.

In practice this means that the focus is on:

• product labelling and accompanying information;
• the declaration of conformity, where required for the relevant type of goods;
• certificates or test reports, where they form part of the conformity‑assessment procedure;
• technical documentation, instructions and data about the manufacturer, importer or authorised representative;
• documents that make it possible to trace the product’s supply chain.

All this is the evidential base that the market‑surveillance authority examines when deciding whether to allow the product to remain on the market, restrict it or withdraw it completely.

Who carries out the inspection and how
Inspections of product characteristics are conducted on the basis of an order issued by the market‑surveillance authority and an inspection mandate. To be admitted to the site, an official only needs to present an ID and the mandate, so attempts to “block” the inspector with formal pretexts such as “we had no prior letter” do not work.

Staff at the shop, warehouse or office must be trained not to argue “at the door”, but to:

• correctly check the inspector’s documents;
• immediately involve the responsible person or lawyer;
• avoid giving any explanations “in the heat of the moment” or on their own initiative.

Scheduled inspections may be carried out at distributors, while unscheduled inspections may target both distributors and manufacturers. The duration of such an inspection is usually limited to a few working days (shorter for distributors, longer for manufacturers), so delaying communication or sending documents chaotically usually only weakens the company’s position.

What documents a business should have
The basic document package depends on the type of product and the technical regulation that applies to it. For most businesses, however, the critical documents are those that confirm compliance and allow the product to be identified within the supply chain.

For each product group, it is advisable to have in a working file:

• a declaration of conformity with the technical regulation (if required for this product);
• technical documentation or at least prompt access to it;
• instructions and labelling in Ukrainian where this is mandatory;
• documents from the supplier, importer or manufacturer confirming the origin of the goods;
• contracts and accompanying documents that show from whom the product was obtained and to whom it was subsequently supplied.

It is particularly important to understand that a declaration of conformity is not a “universal document for everything”. It relates to a specific product within the scope of a specific technical regulation. The business must therefore check not only that a declaration exists, but that it is relevant to the exact product (model, article) that has actually been placed on the market.

How a business can pass an inspection without excessive losses
The first rule is to decide, before any inspection begins, who in the company:

• is responsible for communication with the market‑surveillance authority;
• collects and prepares documents;
• receives inspection reports, notices and other procedural documents.

The worst pattern of behaviour is when a salesperson, administrator or storekeeper starts “explaining verbally” that all the documents are with the supplier, that “the director will bring them later” or that “this item is just a sample”.

In practice, a business should act as follows:

1. Check the inspector’s ID and inspection mandate.
2. Record the inspectors’ details, the date, time and subject of the inspection.
3. Promptly involve the responsible person or lawyer instead of “burning out” on the front line.
4. Avoid handing over a random pile of documents that has not been reviewed in advance by the responsible person or lawyer.
5. Provide only those documents that relate to the subject of the inspection and the specific type of product.
6. Monitor the preparation of inspection reports, sample descriptions, information requests and the service of documents issued as a result of the inspection.

This algorithm does not guarantee a “perfect outcome”, but it significantly reduces the risk that the business will “play against itself” through its own explanations or unprepared documents.

Typical company mistakes
In most cases problems arise not because the product is blatantly dangerous, but because document management inside the company is weak. A company may be convinced that its goods are “legal”, but during an inspection it turns out that:

• there is no up‑to‑date declaration of conformity;
• the documentation does not cover the specific model or batch of goods;
• the supply chain cannot be documented;
• labelling does not meet the requirements or instructions in Ukrainian are missing.

Common mistakes include:

• purchasing goods without a full document set from the supplier – “we were told everything is there”;
• lack of a systematised archive of documents for each SKU or product group;
• believing that only the manufacturer bears responsibility, whereas the market‑surveillance authority also inspects distributors;
• ignoring requirements for labelling, instructions, warnings and conformity marks;
• underestimating unscheduled inspections conducted after consumer complaints, safety alerts or information exchange between authorities.

As a result, businesses face not only fines or regulatory notices, but also the need to “rebuild” documentation from scratch, re‑label products, suspend sales or recall goods.

What should be done now
To pass a product‑characteristics inspection without critical consequences, a business needs a continuously maintained compliance system rather than a one‑off “paper file”.

A minimum internal checklist should include:

• an audit of the product range for applicable technical regulations and mandatory requirements;
• verification of the existence and validity of declarations of conformity and/or certificates;
• verification of labelling, instructions and manufacturer/importer details;
• appointment of a person responsible for interaction with market‑surveillance authorities;
• a pre‑approved action plan for staff in case of an inspector’s visit (from reception to top management).

The most effective approach is one where, before placing goods on the market, the company checks:

• which technical regulation applies;
• whether a declaration of conformity is required and in what form;
• whether the labelling is correct and all mandatory markings are present;
• whether the origin of the product can be quickly confirmed with documents.

This is cheaper and safer than reacting only when an inspection report is already being drawn up.

How WINNER helps you pass a market‑surveillance inspection
The risks of market surveillance for businesses include not only fines and product withdrawals, but also sales suspensions, conflicts with partners and reputational damage. The WINNER team supports clients at every stage of interaction with market‑surveillance authorities – from preventive audits to challenging inspection results.

We help to:

• audit the product range and documentation for compliance with technical regulations and market‑surveillance requirements;
• structure contractual relationships with suppliers/manufacturers so that responsibility for documentation and product compliance is clearly allocated;
• prepare the company for inspections through internal regulations, staff training and checklists for warehouses, stores and offices;
• accompany actual product‑characteristics inspections, record inspectors’ actions and work correctly with reports and notices;
• challenge inspection findings, notices and sanctions through administrative and judicial procedures.

If you need a documentation audit or support in a specific inspection, you can:

• submit a request via the website form;
• contact us by phone or email;
• agree with the WINNER team on a legal‑support format tailored to your business (one‑off consultation, inspection support or comprehensive compliance package).

Author: Ihor Yasko, Managing Partner of “WINNER” Law Firm, PhD in Law.