Publication of a 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 has been published in the Official Journal of the EU on 29 March 2019.
The European evaluation carried out between 2014 and 2016 indeed showed that the principle of mutual recognition does not function as it should. The aim of this new Regulation is to strengthen the functioning of the internal market by improving the application of the principle of mutual recognition and by removing unjustified barriers to trade.
The evidence required to demonstrate that goods are lawfully marketed in another Member State varies significantly from Member State to Member State.
That’s why a major new provision 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.
This new regulation shall apply from 19 April 2020. In the meantime, changes in national notification procedures may be possible to take into account this new text.