Mutual recognition of goods

KEY POINTS

The mutual recognition principle ensures market access for goods that are not, or are only partly, subject to EU harmonisation legislation.

The regulation applies to:

• all types of goods lawfully marketed in another EU country, including agricultural and fisheries products, irrespective of the way they are produced and processed;
• national administrative decisions that restrict or deny access to that country’s market to such goods.

When a competent authority in the importing country intends to assess the goods, businesses may use a voluntary mutual recognition declaration to demonstrate that the goods are lawfully marketed in another EU country.

National authorities assessing imported goods under the mutual recognition principle must:

• immediately contact the business concerned explaining the planned assessment;
• allow the goods to be distributed and sold while they make the assessment (unless there is a prior authorisation procedure for the goods in their country or if they temporarily suspend market access);
• accept a mutual recognition declaration, together with supporting evidence necessary to verify the information contained in it , as sufficient to demonstrate that the goods are lawfully marketed in another EU country. If no declaration is supplied, the competent authority may request the business concerned to provide documentation and information about both the characteristics of the goods or type of goods in question and the lawful marketing of the goods in another EU country;
• take due account of the content of test reports or certificates issued by a conformity assessment body that have been provided by any business as part of the assessment;
• notify the business immediately — and the European Commission and EU countries within 20 days — if it decides to deny or restrict market access to the goods;
• when adopting a negative administrative decision, set out in a sufficiently detailed and reasoned manner why they restrict or deny market access, including the following
  • the national technical rule on which the decision is based
  • the legitimate public interest grounds justifying the use of the national technical rule
  • the scientific and technical evidence considered
  • a summary of the relevant arguments the business concerned put forward
  • evidence demonstrating that the decision is proportionate
  • the various national remedies open to the business and their time limits, including the possibility to use the free service SOLVIT (which may lead to an Opinion of the Commission).

National authorities assessing imported goods may temporarily suspend their sale or distribution, immediately informing the business, the Commission and EU countries, if:

• under normal or reasonably foreseeable conditions of use, the goods pose a serious risk to safety or health of persons or to the environment, including one where the effects are not immediate, which requires rapid intervention by the competent authority; or
• the making available of the goods, or of goods of that type, on the market in that EU country is generally prohibited in that EU country on grounds of public morality or public security.

If SOLVIT centres are not able to find a good solution in an individual case using the SOLVIT procedure, the Commission may assist in solving the case at the request of any of the SOLVIT Centres involved by issuing an Opinion. For this, the Commission:

• must assess whether the national authority’s decision is compatible with the mutual recognition principle and the requirements of the regulation;
• if additional information or documents are needed, must ask the relevant SOLVIT Centre to contact the business or the competent authority, to obtain such additional information or documents;
• must issue an Opinion within 45 days;
• the opinion must be communicated to the business and the national authority by the relevant SOLVIT Centre. The Commission must notify the Opinion to the EU countries;
• where appropriate, the Commission’s Opinion must identify any concerns that should be addressed in the SOLVIT case or must make recommendations to assist in solving the case.

Each EU country must establish and maintain on its territory product contact points, and ensure they have sufficient powers and adequate resources. The product contact points must:

• provide online information on
  • the mutual recognition principle and the application of the regulation in their country
  • contact details of the relevant national authorities, including those of the authorities responsible for supervising the implementation of the national technical rules applicable in their country
  • remedies and procedures available in their country in the event of a dispute, including the SOLVIT procedure set out in the regulation;
• respond, free of charge, within 15 days to requests from companies or national authorities for further information;
• when necessary, help to arrange contacts between national authorities in relation to the assessment procedure of the regulation.

The EU may finance the following activities in support of the regulation:

• awareness-raising campaigns;
• education and training;
• cooperation among product contact points and competent authorities, and the technical and logistic support for this cooperation;
• the collection of data related to the functioning of the principle of mutual recognition and its impact on the EU’s single market for goods;
• exchange of officials and of best practices.

The Commission must carry out an evaluation of the regulation by 20 April 2025, and every 4 years thereafter, and submit a report to the European Parliament, the Council and the European Economic and Social Committee.

Implementing act

Commission Implementing Regulation (EU) 2020/1668 sets out the details necessary to adapt Information and Communication System for Market surveillance (ICSMS) for the purposes of mutual recognition.

The implementing regulation introduces the use of the ICSMS for:

• notifications of administrative decisions (Article 5);
• notifications of temporary suspensions (Article 6);
• notification of the Commission’s opinion to all EU countries (Article 8);
• exchange of information between the competent authorities of the EU countries in charge of verifying data and documents supplied by the businesses during an assessment (Article 10).