Regulation on the Mutual Recognition of Goods

Empty road and containers in harbor at sunset Empty road and containers in harbor at sunset
Mutual recognition of goods © Image used under the license from Shutterstock.com

On 19.12.2017, the EC published this proposal which is one of the two pillars of the “Goods Package”, adopted to strengthen the internal market for products, enhance free movement of goods within the EU and foster product compliance. The proposal is based on the principle that a good that is lawfully marketed in one EU Member State (MS) should not be banned in another MS and it aims to ensure the proper application of that principle, to facilitate market access for those products not covered

by common EU product rules. It defines when the principle of mutual recognition is applicable and increases legal certainty for businesses and national authorities. The new rules require MS to clearly justify any restrictions to market access. Moreover, the competent national authorities must assess the goods quickly and effectively, avoiding any arbitrary discrimination or a disguised restriction. Other key provisions were endorsed to simplify procedures for companies and national authorities, to ensure effective cross-border cooperation among the competent authorities and the Product Contact Points of the MS, and to improve the problem-solving procedures by making use of the SOLVIT mechanism. The Regulation is a major step towards the removal of trade barriers and the free circulation of goods within the single market.

The final act was published in Official Journal on 29 March 2019 and will be applicable from 19 April 2020, consequently repealing the current Regulation 764/2008.