Information on the application of Regulation on Mutual Recognition

The aim of Regulation on mutual recognition is to strengthen the functioning of the internal market by improving the free movement of goods in the EU market. It requires that all Member States provide information concerning their national technical rules for products and establishes the implementation of standard procedures in accordance with these rules.

Products that are not regulated at the Community level (e.g. furniture, bicycles, ladders, precious metals, etc.) are subject to national rules which often restrict trade in the EU internal market and increase administrative costs for businesses. Manufacturers selling such non-harmonized products often have to prove that their product conforms to the national rules of the Member State where they want to sell it. The Regulation on mutual recognition reinforces the principle of mutual recognition in the internal market and simplifies the conditions for companies to access the market, so businesses can more easily sell their goods in any of the Member States.

Assessment of goods under Regulation on mutual recognition

If a competent authority of the Member State of destination intends, as part of the implementation of a national technical rule, to assess goods that are subject to the Regulation, the economic operator must be informed without delay that such an assessment has been initiated. In particular, the authority must inform the economic operator of: (i) the goods subject to that assessment; (ii) the applicable national technical rule or prior authorization procedure; and (iii) the possibility to supply the authority with a mutual recognition declaration (Article 5(2) of the Regulation).

Competent authorities, in adhering to technical specifications and making a decision to use the market’s restrictive measures on products (e.g. prohibiting the sale of certain products in the national market), must justify that such a decision is necessary to safeguard the public interest and that it is proportionate and non-discriminatory.

The mutual recognition declaration

The Regulation enables the producer, importer, or distributor to draw up a voluntary declaration (or ‘self-declaration’) of the lawful marketing of the goods for the purposes of mutual recognition (‘mutual recognition declaration’). This mutual recognition declaration helps businesses to demonstrate that the goods are lawfully marketed in another Member State. At the same time, it helps the authorities in the assessment of goods and facilitates cross-border cooperation.

You can read more about the mutual recognition declaration here.

Mutual recognition declaration for the purposes of Article 4 of Regulation (EU) 2019/515 of the European Parliament and of the Council.