Mutual recognition of goods

 

SUMMARY OF:

Regulation (EU) 2019/515 on the mutual recognition of goods lawfully marketed in another EU country

WHAT IS THE AIM OF OF THE REGULATION?

It aims to strengthen the internal market by improving the application of the mutual recognition principle* in the field of goods and removing unjustified barriers to trade. It does so by:

The legislation replaces Regulation (EC) No 764/2008.

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:

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:

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

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:

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:

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

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:

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 19 April 2020.

BACKGROUND

For more information, see:

KEY TERMS

Mutual recognition principle: a principle of EU law under which EU countries may not prohibit the sale on their territory of goods which are lawfully marketed in another EU country. The only exception is where EU countries have legitimate public interest grounds for restricting or denying market access and the restriction is justified and proportionate.

MAIN DOCUMENT

Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008 (OJ L 91, 29.3.2019, pp. 1-18)

RELATED DOCUMENTS

Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, pp. 1-44)

Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, pp. 1-38)

Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, pp. 1-142)

Successive amendments to Regulation (EU) 2017/625 have been incorporated into the original text. This consolidated version is of documentary value only.

Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, pp. 1-15)

Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, pp. 549-607)

See consolidated version.

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, pp. 30-47)

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, pp. 1-24)

See consolidated version.

Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, pp. 4-17)

See consolidated version.

last update 24.07.2020