|
Refusals of Mutual Recognition Decision
3052/95/EC
|
Introduction |
The Council Decision obliges national authorities to notify the
Commission, who would in turn notify other Member States, when
they take action which impedes/prohibits marketing of products
which have been lawfully produced or marketed in another Member
State. The Decision is applicable from 1 January 1997.
|
|
Scope |
Four types of measure are covered:
- general product bans
- refusal of authorisation to
market
- requirement for modification
before authorisation
- withdrawal from the market.
|
|
There are a number of exclusions
particularly relating to measures taken in pursuance of Community
harmonisation measures and measures notified to the Commission
under other specific provisions.
Only the first "refusal"
of a product is required to be notified.
"Home" produced products
are not covered by the Decision and it does not apply where use
or time has changed the product from its original state.
Whilst Directive
98/34 is concerned with proposed new draft technical regulations
which impact on products, Decision 3052/95 is about how these
and other regulations operate in practice.
|
Notification of refusals of
mutual recognition
|
Member States are obliged to
notify, within 45 days, the Commission (who in turn will notify
other Member States) of measures which result in a refusal of
mutual recognition. STRD2 provides the central contact point
(co-located with that for Directive 98/34/EC).
Further information on the
Decision including the Commission's guide to the application
of the Decision can be found at http://europa.eu.int/comm/internal_market/en/goods/3052intro.htm
|
|
Other information |
The DTI Action Single Market unit
– http://www.dti.gov.uk/europe/asm/index.htm
– can also help exporters overcome problems caused by illegal
state aids and trade barriers in other member States and EEA
countries.
|
|
Contact |
Ajay Gohil / Philip Plumb,
STRD2, Department of Trade and Industry, 151 Buckingham Palace
Road, London SW1W 9SS
Tel: 020 7215 1564/1488; fax:
020 7215 1529
E-mail: STRD2@dti.gsi.gov.uk
|
