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Mutual Recognition Regulation

Mutual Recognition Principle:

Mutual Recognition is the principle of EU law under which Member States must allow goods that are legally sold in another Member State to be sold within their own territory. Member States are only allowed to derogate from this principle if they adopt their own national technical rules which are proportionate and which are justified by the EU Treaty or by "overriding requirements of public interest" as defined by the European Court of Justice. At present, Mutual Recognition only exists as a concept defined by the European Court of Justice's interpretation of the EU Treaty. It is not explicitly enshrined in the Treaty.

EU Regulation on Mutual Recognition of Non-Harmonised Goods

On 9 July 2008, the EU adopted a Regulation intended to make the Mutual Recognition of goods work better. The Regulation only applies to the "non-harmonised" field of goods, and does not apply to goods that are already subject to EU harmonising legislation (such as the EU Directives on Toy Safety, Machinery, Medical Devices, Pharmaceuticals, etc). The Regulation will apply from 13 May 2009

To view full details see link to EU Commission's page on the Regulation  in  related links section on right of this page.

Broadly speaking, the proposal sets out a procedure that market surveillance authorities will have to follow if they want to use national technical rules in order to prevent goods being marketed in their territory and obliges Member States to set up Product Contact Points to provide information to businesses on their national technical rules.

The Government held a DTI Consultation  Mutual Recognition February 2007  on the Commission proposal on Mutual Recognition to gather views both on the proposal itself and on the experience of UK companies wishing to take advantage of the Mutual Recognition principle in trading across the EU.  A very small number of responses were received, mostly relating to Hallmarking issues, which were resolved in negotiations.

UK Implementation

A web-based UK Product Contact Point will also be established.  This will provide information on products where UK-based national technical rules apply, which will facilitate market entrance for firms wishing to export to the UK.  The UK Product Contact Point will provide:

  • Information on the Mutual Recognition Principle and its implementation in the UK
  • Information on the technical rules which apply to specific products within the UK
  • Contact details for the authority responsible for the implementation of the technical rule
  • The remedies available to firms should a dispute occur between the authority and firm

An Impact Assessment has been produced to reflect the different positions available to the UK for the implementation of a Product Contact Point (see related document). 

BERR is currently consulting with other Government departments and market surveillance authorities to ensure that the required procedures are followed in relation to the application of national technical rules.  

 

Contact :

Response Centre
Tel: 020 7215 5000
or: 020 7215 6740 (Minicom)
Fax: 020 7215 0105
e-mail: berr.enquiries@berr.gsi.gov.uk

                                                                   

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