Regulation on mutual recognition
The Danish Business Authority has developed Guidelines for the Regulation on Mutual Recognition of Goods.
To make the principle of mutual recognition fully operational, the European Parliament and the Council have adopted Regulation (EU) 2019/515.
The regulation defines the rights and obligations of national authorities that intend to take a decision that may restrict certain non-harmonised products' free movement in one Member State, when the products have already been lawfully marketed in other Member States. In particular, the regulation lays down the rules and procedures to be followed by the national competent authorities, and provides for the establishment of Product Contact Points in all Member States to contribute to the achievement of the aim of the regulation to reduce the risk of unlawfully resticting businesses' access to EU's Single Market and introduces a new easier problem-solving procedure in SOLVIT.
The authorities’ assessment of goods
The regulation contains the procedure for national authorities’ assessment of goods. The procedure includes the authorities’ duties to give information to the economic operator during the procedure, which information the economic operator shall provide including at minimum deadline, and requirements for the reasons in an administrative decision. During the assessment procedure the economic operator may make the goods available on the market unless the national authority has made a temporary suspension of the market access and notified the economic operator.
The mutual recognition declaration
The economic operator may choose to fill out the voluntary mutual recognition declarator, which is showed in the annex of Regulation (EU) 2019/515 and make it available to the authorities e.g. by the company’s webpage. The declaration shall follow the structure set out in the annex and we recommend that the declaration is filled out in English. When this declaration is filled out correctly, the authority cannot require more information during the assessment procedure about whether the product has been legal market in another Member State. If the economic operator does not use the declaration, the authority can ask for the necessary information.
Guidelines for the former Regulation (EC) 764/2008 on Mutual Recognition of Goods: