USEFUL INFORMATION
What is Regulation on Mutual Recognition?
Free movement of goods and services is one of the key principles of the European Union (EU) which benefits both enterprises and consumers in opening up markets and promoting trade among Member States.
The aim of the Regulation on Mutual Recognition is to strengthen the functioning of the internal market by improving the free movement of goods. It requires that all Member States should provide information about their national technical rules applied to products and provide for compliance with standard procedures in line with these rules.
The products which are not regulated on the Community level (e.g. furniture, bicycles, ladders, previous metals, etc.) are subject to national rules which often limit trade on the EU internal market and increase administrative costs for business. Producers trading in goods in sectors not subject to harmonization often have to prove that their products are in line with the national rules of the Member State in which they intend to market such products. The Regulation provides for the principle of mutual recognition in the internal market and simplifies the market access conditions for enterprises. As a result, businesses are offered easier conditions sell their products in any of the Member States.
The competent authorities which follow technical rules and take the decision to use market restriction means for products (e.g. prohibit marketing of certain products on the national market) must justify their decision by pursuing a public-interest objective or have it as proportionate and non-discriminatory.
The Regulation directly applies in all 27 Member States of the EU as well as Iceland, Norway and Lichtenstein which are members of the European Economic Area (EEA) and which accepted the Regulation. The Product Contact Points, established in the Member States, must respond within 15 working days of receiving any request for information about the national rules and procedures applied to products. This service is free of charge.
The PCP can be approached with a request to a PCP of another Member State.
PCPs provide information about:
- national technical rules for products;
- national product authorisation procedures;
- institutions responsible for approval and monitoring of prior authorisations and the market.
Regulation on Mutual Recognition
Regulation (EC 764/2008) of the European Parliament and of the Council came into effect on 13 May 2009 and is directly applied in Member States.