Application of the new regulation on mutual recognition

The Regulation (EU) 2019/515 of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008 applies since 19 April 2020.

One of the major new provisions is that the producer of goods may draw up a voluntary declaration of lawful marketing of goods for the purposes of mutual recognition (‘mutual recognition declaration’) in order to demonstrate to the competent authorities of the Member State of destination that the goods, or the goods of that type, are lawfully marketed in another Member State.

The form for this mutual recognition declaration is available on the Commission website in all languages in word format.

It is interesting to note that the Belgian Authorities now indicate on their website the possibility of using this type of mutual recognition request. The mutual recognition declaration must be completed and introduced with the notification file. This declaration indicates the characteristics of the product, the information on the legality of its marketing in another Member State and the references of the legislation in this other Member State. The declaration must be completed in one of the national languages (French, Dutch or German), however English is also accepted. The declaration and supporting documents must be attached to the notification file.