Principle of mutual recognition
In intra-EU trade in goods, mutual recognition is the principle that a product lawfully marketed in one Member State and not subject to Community harmonization legislation should be allowed to be marketed in any other Member State, even when the product does not fully comply with the technical rules of the Member State of destination.
There is one exception to this principle: the Member State of destination may refuse the marketing of a product in its current form only where it can justify that this is strictly necessary for the protection of, for example, public safety, health or environment. In that case, the Member State of destination must also demonstrate that its measure is the least trade-restrictive measure.
The principle of mutual recognition follows from articles 28 - 30 of the EC Treaty and the case law of the European Court of Justice.
Following these links you can learn more on the case law of the European Court of Justice and the application of the principle of mutual recognition:
- Case: Cassis de Dijon
- Commission interpretation of Cassis De Dijon
- Second biennial Report on the Application of the Principle of Mutual Recognition in the Single Market, 2002
Regulation 764/2008 on mutual recognition
To make the mutual recognition principle fully operational, the European Parliament and the Council has adopted Regulation (EC) No 764/2008.
The regulation defines the rights and obligations of national authorities and enterprises wishing to sell in a Member State products lawfully marketed in another Member State, when the competent authorities intend to take restrictive measures about the product in accordance with national technical rules. In particular, the Regulation concentrates on the burden of proof by setting out the procedural requirements for denying mutual recognition.
Moreover, the Regulation will reduce the risk for enterprises that their products will not get access to the market of the Member State of destination by establishing product contact points in each Member State.
The Regulation applies from 13 May 2009.
The Danish Enterprise and Construction Authority has developed a guide to the regulation which you can read here. You can read the guidance documents on the application of the Mutual Recognition Regulation from the Commission here.
Product Contact Point
This product contact point is set up in accordance with articles 9-10 of regulation 764/2008 on mutual recognition. The contact point provides details on the principle of mutual recognition, regulation 764/2008 and the remedies generally available in case of dispute. Furthermore, an extensive searchable database of national technical rules has been set up with all rules available in English. Questions will be answered in general terms by the contact point. For more specific questions contact details on the competent authority will be provided.