Mutual recognition declaration
In accordance with Article 4 of
Regulation (EU) 2019/515 the producer, the importer or the distributor may draw up declaration on lawful marketing of the goods for the purposes of mutual recognition (the 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 producer is best placed to provide the information in the mutual recognition declaration as the producer knows the goods best and is in possession of the evidence necessary to verify the information in the mutual recognition declaration. The producer should be able to mandate an authorised representative to draw up such declarations on the producer’s behalf and under the responsibility of the producer. However, where an economic operator is only able to provide the information on the lawfulness of the marketing of the goods in the declaration, it should be possible for another economic operator to provide the information that the goods are being made available to end users in the Member Sate concerned, provided that that economic operator takes responsibility for the information that it provided in the mutual recognition declaration and is able to provide the necessary evidence to verify this information.
You can find more information about the
Declaration of Mutual Recognition on the Your Europe portal, and also you can find the form of the
Mutual recognition declaration for the purposes of Article 4 of Regulation (EU) 2019/515 of the European Parliament and of the Council.
Assessment of goods
If a competent authority of the Member State of destination intends to assess goods subject to
Regulation (EU) 2019/515 in order to establish whether the goods or goods of that type are lawfully marketed in another Member State, and if lawfully marketed, whether the legitimate public interests covered by the applicable national technical rule of the Member State of destination are adequately protected, with regard to the characteristics of the goods in question, it has to contact the economic operator concerned without delay.
When entering into contact with the economic operator concerned, the competent authority of the Member State of destination informs the economic operator of the assessment, indicating the goods that are subject to that assessment and specifying the applicable national technical rule or prior authorisation procedure. The competent authority of the Member State of destination informs the economic operator of the possibility of supplying a mutual recognition declaration in accordance with Article 4 of
Regulation (EU) 2019/515 for the purposes of that assessment.
The economic operator is allowed to make the goods available on the market in the Member State of destination while the competent authority carries out the assessment and may continue to do so unless the economic operator receives an administrative decision restricting or denying market access for those goods.
You may find more information on the assessment of goods in accordance with Regulation (EU) 2019/515
here.
