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Mutual recognition agreements

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Summaries of EU Legislation

Mutual recognition agreements

SUMMARY OF:

Article 207 of the Treaty on the Functioning of the European Union (TFEU)

Article 218 TFEU

WHAT IS THE AIM OF ARTICLES 207 AND 218 TFEU AND OF MUTUAL RECOGNITION AGREEMENTS?

Article 207 TFEU sets out the legal basis for the EU’s trade policy and lays down the procedures to be followed when making decisions on different aspects of trade.

Article 218 TFEU sets out the EU’s rules for conducting negotiations with third parties. It applies to negotiations between the EU and one or more non-EU countries or international organisations.

These articles provide the legal basis whereby the European Commission, upon receiving the negotiating directives of the Council, negotiates international trade agreements.

Mutual recognition agreements* aim to promote trade in goods between the EU and non-EU countries by removing technical barriers through providing easier access to conformity assessment. Under the bilateral agreement between governments, the importing country accepts the conformity assessment results* carried out for specific industrial products performed by the exporting country designated conformity assessment bodies (CABs) to show compliance with the importing party's requirements.

KEY POINTS

Mutual recognition agreements (MRAs):

enable EU companies to have their products tested and certified by designated conformity assessment bodies in the EU to confirm their compliance with the importing party’s requirements, and thereafter to export to non-EU countries, without further testing in the import country, and opens the same opportunities for non-EU companies and designated conformity assessment bodies outside the EU concerning their exports to EU countries;
lay down the conditions for reciprocal acceptance of conformity assessment results;
list authorised laboratories, inspection bodies and various conformity assessment bodies*;
establish a joint committee to deal with any issues that might arise under the agreements.

The EU has MRAs with:

BACKGROUND

In their resolution of 21 December 1989, EU governments agreed on the principles of MRAs. On 21 September 1992, they authorised the Commission to negotiate mutual recognition agreements on behalf of the EU with certain non-EU countries.

For more information, see:

Mutual recognition agreements (European Commission).

KEY TERMS

Mutual recognition agreement: an international agreement where 2 or more countries recognise each other’s conformity assessments.

Conformity assessment: the procedure in which a product, before it can be marketed, is tested, inspected and certified to ensure it complies with the relevant legislation.

Conformity assessment bodies: these assess whether a product meets the relevant regulatory or legislative standards. They can be government agencies, national standards institutes, trade associations, consumer organisations or private or public companies.

MAIN DOCUMENTS

Consolidated version of the Treaty on the Functioning of the European Union — Part Five: The Union’s external action — Title II: Common commercial policy — Article 207 (ex Article 133 TEC) (OJ C 202, 7.6.2016, pp. 140-141)

Consolidated version of the Treaty on the Functioning of the European Union — Part Five: The Union’s external action — Title V: International agreements — Article 218 (ex Article 300 TEC) (OJ C 202, 7.6.2016, pp. 144-146)

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