National technical regulations and free movement of goods

SUMMARY OF:

Regulation (EC) No 764/2008 — procedures relating to the application of certain national technical rules to products lawfully marketed in another EU country

WHAT IS THE AIM OF THE REGULATION?

• It aims to improve the free movement of goods in the EU.
• It set out rules and procedures which should be followed by EU countries’ authorities, when they take or intend to take a decision which could hinder the free movement of a product lawfully marketed in another EU country and not covered by harmonised rules at EU level.

KEY POINTS

Scope

This regulation applies to administrative decisions based on a technical rule which has the direct or indirect effect of:

• the prohibition of the placing on the market of a product;
• the modification or additional testing of that product before it can be placed on the market;
• the withdrawal of that product.

This regulation does not apply to:

• judicial decisions;
• systems covered by Directives 2008/57/EC (the interoperability of the rail system);
• the procedure for authorisation of the placing in service of rolling stock provided for in Directive 2004/49/EC (railway safety);
• certain measures related to products posing a serious risk detailed in Directive 2001/95/EC (product safety);
• certain measures related to food posing a risk taken under Regulations (EC) 178/2002 (food safety) and (EC) 882/2004 (ensuring proper checks on food and animal feed).

Procedures

This regulation frames the assessment of product conformity with national technical rules. Competent authorities in the EU countries must comply with the rules and procedures on:

• gathering information on the product concerned;
• the recognition of certificates or test reports issued by an accredited conformity-assessment body in accordance with Regulation (EC) No 765/2008 (accreditation and market surveillance): EU countries cannot reject certificates or test reports on grounds related to the competence of that body;
• an evaluation of the need to apply a technical rule: the decision should be based on technical or scientific elements proving the proportionality of the envisaged measure, should be notified to the enterprise concerned and can be legally challenged;
• the temporary suspension of the marketing of a product: this is forbidden during the evaluation procedure, except in cases where the product poses a serious risk or is prohibited in a EU country on grounds of public morality or public security.

Product contact points

Each EU country must designate one or more product contact points in their territories and communicate their contact details to the European Commission and to the other EU countries. These points provide information on:

• the technical rules applicable in the territory in which they are established;
• the contact details of the competent authorities; and
• the remedies available.

Reports and review

EU countries must send the Commission a report on the application of the regulation every year. The Commission must review the application of this regulation every 5 years and publish a list of products which are not subject to EU harmonisation legislation.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 13 May 2009.

BACKGROUND

This regulation repeals and replaces Decision 3052/95/EC.

For more information, see:

• Mutual recognition (European Commission).

MAIN DOCUMENT

Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC (OJ L 218, 13.8.2008, pp. 21–29)

last update 01.08.2018