EU moves to bolster free movement of goods through extended mutual recognition
The Austrian presidency of the Council yesterday reached a provisional agreement with the European Parliament on measures which will facilitate the circulation of goods across the EU. The new rules improve and expand the application of the mutual recognition principle.
Margarete Schramböck, Federal Minister for Digital and Economic Affairs of Austria yesterday said:
More reliance on the principle of mutual recognition is good for manufacturers, good for traders and good for consumers. The new rules will lead to less bureaucracy, more business opportunities, a wider choice for consumers and more competitive prices.
The draft regulation is expected to improve the application of the principle of mutual recognition in the following ways :
- it clarifies the scope of mutual recognition. This will increase legal certainty for businesses and national authorities as to when the principle of mutual recognition can be applied;
- it introduces a mutual recognition declaration to make it easier to demonstrate that the goods in question have already been lawfully marketed in an EU country. This is meant to enable economic operators to benefit from the use of such a declaration within the framework of assessment of goods in question;
- it establishes a problem-solving mechanism based on the SOLVIT network. This is expected to provide practical solutions in case of disputes regarding the compatibility of an administrative decision denying or restricting market access with the principle of mutual recognition;
- it improves administrative cooperation through Product Contact Points and enhanced recourse to IT technology. These are expected to enhance the exchange of information and trust among national authorities;
- it provides for the possibility of EU financial support for setting up the above mechanisms established under the new rules.
After formal approval of the proposed regulation by the Parliament and the Council, the new rules will be applied twelve months after the entry into force of the regulation.
The provisional agreement will have to be endorsed by the European Parliament and the Council before it is formally adopted.
The existing legislative framework does not allow businesses to rely sufficiently on the principle of mutual recognition when they enter new markets in other EU countries. Goods which are lawfully commercialised in one EU country are still occasionally denied market access in another EU country for no good reason. As a consequence, businesses tend to adapt their goods to the various requirements of each national market when trying to enter new markets. This entails unwarranted costs and delays.
The principle of mutual recognition derives from the case-law of the Court of Justice of the European Union. It is one of the means of ensuring the free movement of goods within the internal market. According to this principle, a member state may not prohibit the sale on its territory of products which are lawfully marketed in another member state, even where those products were manufactured in accordance with technical rules different from those to which domestic products are subject. The only exceptions to the principle are restrictions which are justified on grounds of a legitimate public interest and which are proportionate to the pursued objectives.
The Commission tabled the proposal for the new regulation on 19 December 2017 as part of the "Goods package", which also contains a proposal for a regulation laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products.
+32 2 281 85 46
+32 476 53 11 80
Latest News from
EU negotiators agree on strengthening Europe's cybersecurity11/12/2018 15:25:00
The European Parliament, the Council and the EC have reached a political agreement on the Cybersecurity Act which reinforces the mandate of the EU Agency for Cybersecurity, (European Union Agency for Network and Information and Security, ENISA) so as to better support Member States with tackling cybersecurity threats and attacks.
CJEU: Wightman and Others v Secretary of State for Exiting the European Union11/12/2018 14:10:00
The United Kingdom is free to revoke unilaterally the notification of its intention to withdraw from the EU.
Persistent antisemitism hangs over EU11/12/2018 12:25:00
Antisemitic hate speech, harassment and fear of being recognised as Jewish; these are some of the realities of being Jewish in the EU today. It appears to be getting worse, finds a major repeat survey of Jews from the EU Agency for Fundamental Rights, the largest ever of its kind worldwide.
Regulation on cross border access to e-evidence : Council agrees its position10/12/2018 16:25:00
The EU is taking steps to improve cross-border access to e-evidence by creating a legal framework which will enable judicial orders to be addressed directly to service providers based in another member state.
Council agrees on more effective rules to solve cross border parental responsibility issues10/12/2018 13:25:00
The EU wants to make it easier and faster for decisions on parental responsibility issues and international child abduction to be applied across borders.
Member States and EC to work together to boost artificial intelligence “made in Europe”10/12/2018 12:33:00
This plan proposes joint actions for closer & more efficient cooperation between Member States, Norway, Switzerland and the EC in four key areas: increasing investment, making more data available, fostering talent and ensuring trust.
Migrant smuggling: Council approves a set of measures to fight smuggling networks07/12/2018 15:33:00
The Council has approved a comprehensive & operational set of measures with a law enforcement focus to step up the fight against migrant smuggling networks. This follows a call by EU leaders at their meeting in October
More protection for workers: Council agrees to reduce the exposure to 5 carcinogens07/12/2018 13:25:00
The Council has adopted its position on a proposal which will update the existing rules on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Directive 2004/37/EC).
Terrorist content online: Council adopts negotiating position on new rules to prevent dissemination07/12/2018 12:37:00
The EU is working to stop terrorists from using the internet to radicalise, recruit and incite to violence. The Council has agreed its negotiating position on the proposed regulation on preventing the dissemination of terrorist content online.
The EU steps up action against disinformation06/12/2018 14:10:00
To protect its democratic systems & public debates and in view of the 2019 European elections as well as a number of national and local elections that will be held in Member States by 2020, the EU has presented an Action Plan to step up efforts to counter disinformation in Europe & beyond.