Ownership And Responsibility Of Imported Products

When you start a project to import products subject to a prior import license, mainly cosmetics, health products, and food, you find two alternatives to start:

  • Authorize your facilities and obtain your license or sanitary registration number as an importer.
  • Subcontract importation activities to an already authorized third party.

In this second case, the repercussions on the ownership and responsibility of imported products must be taken into account in order to protect the present and future rights of the entrepreneur, especially if a private brand is to be implemented or a strong investment in marketing is to be made Technical File .

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In the event of subcontracting the import activities, all legal rights and responsibilities over the products fall on the importing company, leaving the company or person initiating the project as a mere commercial intermediary Medical Device CE Marking .

Although confidentiality and exclusivity agreements are signed between both parties, the law on the matter (cosmetics, health products, and food) is clear, for legal purposes, the person in charge and owner of the products for the administration is the natural or legal person which has:

On the other hand, it is convenient to analyze the costs of subcontracting. In these cases, the cost of subcontracting represents around 20-30% of the proforma import invoice, an amount that increases considerably in case the products are stopped at customs.

These costs, in many cases disguised as quality controls that are not carried out, represent in most cases a profitable margin for imports. If we take into account the difficulty and initial cost of starting an import project in Europe, that the margin that makes the sector attractive is taken by a company that “lends” the license seems abusive.

In the worst case, let’s imagine that the project is going from strength to strength and is increasingly profitable. What happens if that importer, who has “helped” us, increases its fees from 20-30% to 50% when necessary. receive an important order?

What if that importer negotiates directly with the manufacturer and takes over the entire chain? It seems that the project is quite compromised.

 

Unfortunately, these cases are common and more so in a sector as competitive as healthcare. It is necessary to do adequate planning of the project and be clear that with the appropriate means in 90% of the cases you obtain the provisional import license in 3 months for cosmetics and health products and in 6 months for food (food supplements) and the investment of administrative authorizations is rarely more than 10% of the proforma invoice of the first import.

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