Knowledge of rules is the responsibility of the economic operator
The database contains a broad range of Danish national rules and regulations as well as standards where these are compulsory. However, since the body of national legislation is constantly evolving it cannot be ensured that the database at all times contains all applicable Danish national rules and regulations. Thus it is the responsibility of the economic operator to ensure that products marketed in Denmark are in conformity with all relevant legislation.
The English translations of Danish national rules are unofficial and exclusively serve the purpose of easing access to Danish national rules for foreign companies. Legal effect can solely be given to the original Danish legal texts.
When shall the Regulation on Mutual Recognition of Goods be applied? (Annex 2 of "Guidelines for the Regulation on Mutual Recognition of Goods")
1. Is the product subject to harmonisation at EU level?
Yes – go to question 2.
No – go to question 3.
2. Do you intend to adopt a decision about prohibiting or restricting the marketing of the product on the basis of a Danish technical rule supplementary to the harmonised EU rules?
Yes – go to question 3.
No, the product is subject to full harmonisation at EU level > The Regulation does not apply.
3. Is the product a dangerous or potentially dangerous product intended for consumers (cf. section 4.2 of the Guidelines)?
Yes – The Regulation does not apply. The procedure in Article 8 (1) (d), (e) or (f) of Directive 2001/95/EC on General Product Safety applies.
No – go to question 4.
4. Is the pro uct a dangerous food or feed product (cf. section 4.2 of the Guidelines)?
Yes – The Regulation does not apply. The procedure in Article 50(3) (a) of Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, etc. applies.
No – go to question 5.
5. Do you intend to adopt a decision about prohibiting or restricting the marketing of the product on the basis of noncompliance with the feed and food law and the animal health and animal welfare rules?
Yes – The Regulation does not apply. The procedure in Article 54 of Regulation (EC) No 882/2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules applies.
No – go to question 6.
6. Is the product subject to Directive 2004/49/EF on Safety on the Community’s railways, etc. (rolling stock for the railway system)?
Yes – The Regulation does not apply. The procedure in Article 14 in Directive 2004/49/EC on Safety on the Community’s railways, etc. applies.
No – go to question 7.
7. Is the product subject to Directive 96/48/EC on the interoperability of the trans-European high-speed rail system or Directive 2001/16/EF) on the interoperability of the trans-European conventional rail system?
Yes – The Regulation does not apply.
No – The Regulation applies.