Mutual recognition of goods – frequently asked questions

Goods lawfully marketed in one MS can be freely placed on the market of another MS without informing the authorities, unless a prior authorisation is required in the MS of destination.

During the assessment of the goods, the authorities of the MS of destination should not take decisions to suspend market access, except where rapid intervention is required. Where it is not required, you may continue to make the goods available on the market unless you receive notification of an administrative decision.

If the rules in the MS of destination provide for a prior authorisation procedure for certain goods, you must apply for such authorisation.

Any decision to exclude or withdraw goods from the market, solely for lack of prior authorisation, shall not constitute a decision to which Regulation (EU) 2019/515 applies. The rule requiring a prior authorisation procedure does not itself constitute a technical rule in the true sense of the Regulation (it does not lay down certain characteristics of the goods, nor does it impose other requirements affecting the life-cycle of the goods). However, a decision to reject an application (non-acceptance) for mandatory prior authorisation of goods on the basis of a national technical rule constitutes an administrative decision.

Authorities should avoid duplication of tests and procedures already carried out in another MS and take into account the content of the test reports or certificates submitted.

The competent authorities of the MS of destination should take into account all documents collected during the prior authorisation procedure in the MS of origin. The prior authorisation procedure should therefore be less complicated, without duplication of controls and quicker.

The origin of goods is not relevant for the definition of the term ‘lawfully marketed’. What does matter is whether the goods comply with the technical rules in a MS (if there are rules on specific goods) and whether they are made available to end users in that MS. If they meet both criteria, the goods can benefit from the principle of mutual recognition. For example, goods manufactured in a third country, which comply with the technical rules in a MS and are made available to end users in that MS, are eligible for mutual recognition.

The origin of the goods is only relevant when the goods are lawfully marketed in a state of the European Free Trade Association (EFTA) which is a contracting party to the Agreement on the European Economic Area (EEA). These states are Iceland, Liechtenstein and Norway. Goods that are lawfully marketed in these states must also originate in a state that is a contracting party to the EEA Agreement, i.e. from an EU country, Iceland, Liechtenstein or Norway.

You can contact the contact points of the European Commission. The contact points will normally respond within 15 working days.

The authorities will inform you by email if they decide to assess the goods under Regulation (EU) 2019/515. They will inform you of the following:

• what goods they intend to assess;
• the applicable technical rule(s) or prior authorisation procedure;
• that you can submit to the authorities a mutual recognition declaration for the purposes of the assessment.

Changes in the national rules may also require changes to the goods. If the specific goods comply with the amended technical requirements, the goods should not be changed. However, if the goods no longer comply with the national rules of the MS where they are lawfully marketed as a result of changes to those rules, the goods will need to be modified to comply with the laws of that MS.

Goods manufactured by one company for sale under another company’s brand are called own label products.

If the own label product is only placed on the domestic market without being previously made available to end users in another MS, Regulation (EU) 2019/515 does not apply. However, if it can be demonstrated that the goods are ‘goods of that type’ lawfully marketed in another MS, mutual recognition applies.

One example could be the same type of goods, such as a loaf of bread produced by the same producer, based on the same recipe and containing the same ingredients but packaged differently depending on the MS in which it is to be marketed (e.g. blue packaging in one MS and green in the other), with labelling in different languages or under a different name.

You can change the packaging, for example, to meet the language requirements in the MS of destination instead of applying additional labelling to the goods. The colour of the packaging or the name may differ due to the different preferences of consumers of the product in different countries or the names of different brands of the same product. In such cases, mutual recognition applies. Having the same packaging would probably facilitate the identification of the goods during the assessment. However, a more in-depth analysis (e.g. comparing the ingredients on the labelling of the blue and green packaging) is necessary here.

In this situation, you should also provide all necessary evidence that the goods are of the same type despite the difference in name and packaging (evidence can include, for example, a photograph of both types of packaging with a brief explanation; or a photograph of the labelling from the two types of packaging, where it can be seen that all the ingredients are the same).

The administrative decision will inform you of the remedies available under the national legal system and the fact that you can use the SOLVIT procedure.

If you do not agree with an administrative decision, you should submit it to SOLVIT as soon as possible. According to Regulation (EU) 2019/515, the SOLVIT problem-solving procedure aims to provide a business-friendly alternative for economic operators wishing to challenge administrative decisions restricting or denying market access of goods.

The SOLVIT problem-solving procedure may lead to a request to the Commission for an opinion.