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 came into force on 13 May 2009
Further details including cosultation and impact assessment can be found on EU commissions website on Mutual Recoginition Regulation.
Broadly speaking, the Regulation sets out a procedure that market surveillance authorities 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.
UK Implementation
The UK Product Contact Point can be found at www.businesslink.gov.uk/productcontactpoint. It provides
- 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.
BIS has consulted with and issued guidance to other Government departments and market surveillance authorities to ensure that the required procedures are followed in relation to the application of national technical rules. Guidance to Local Authority Enforcement Officers can be found through the link on the right of this page.
Contact
BIS Mutual Recognition Contact Point
Europe Directorate
1 Victoria Street
London SW1H 0ET
Fax: 020 7215 2234
e-mail: mutual.recognition@bis.gsi.gov.uk
