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Refusals of Mutual Recognition Decision 3052/95/EC

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. We provide 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 on the Commission's website.
 
Other information

The Action Single Market unit 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, Department for Innovation, Universities and Skills, Bay 410, Kingsgate House, 66-74 Victoria Street, London SW1E 6SW, Tel: 0203 300 8630 / 8633, E-mail: STRD2@dius.gsi.gov.uk