Mutual Recognition of Goods regulation

In times of crisis it is easily overlooked that one of the most important product legislation is NOW applicable!

What’s the legislation about?

Per 19 April 2020 the new Mutual Recognition of Goods regulation ((EU) 2019/515 applies in the EU. This is a major piece of legislation for the freedom om movement of goods. It will have profound impact on selling goods in the EU!

The regulation applies to goods of any type (!), including agricultural products. There are also new rules on administrative decisions taken by a competent authority.

The EU regulates that:
1. There will be a voluntary Mutual Recognition Declaration;
2. Companies will have the ability to sell products during government assessment of already marketed goods;
3. Problem solving by SOLVIT

What does this mean?

Companies that can prove that their goods are legally marketed in country ‘A’, can now declare with a Mutual Recognition Declaration (or ‘MRD’) that their goods are legally marketed in country A.

There is one exception: a member state may have a prior authorisation procedure. This procedure must however be of public interest, recognised by EU-law and must also be proportionate and non-discriminatory.

The MRD will show national authorities in other member states the legality of the goods. Other Member States will not be allowed to prevent entry to the market by hiding behind “gold plated national legislation”.

The MRD does not have te be on paper. It may also be made available online. The MRD can be, if applicable, be added to the Declaration of Compliance (DoC).
The person who signs the MRD is responsible that the MRD is kept up to date with all applicable legislation.

What does is mean for companies selling goods in the EU?

1. Companies must be able to proof that their goods are legally marketed in country A;
2. Declare compliance with the nationals requirements of Member State A;
3. Legally sell in Member State A;
4. Draw-up the Mutual Recognition Declaration
—> Start selling in Member State ‘B’, ‘C’, ‘D’, etc.

What if trouble does arise?

Even when companies are denied or restricted market acces for their good, they can now contest the decision by using SOLVIT, a European problem-solving network, aimed to resolve this sort of disputed.
During the evaluation by SOLVIT you are allowed to sell your products on the market. This is different from the situation before in which you had to await a decision!

How to start using a MRD?

1. Determine which country you brought the product onto the market for the first time.
   
2. Check for each product you want to sell in other EU member states if your technical file is up-to-date to all applicable legislation. If not, this should be the first priority.
   
3. When your file is complete, draft a MRD and add this to the DoC (if applicable). The productIP system can generate one for you. No hassle.
   
4. Start selling your product on the market on the other member state.
   

More information

Recently Caspar ter Horst organised a Compliance Tuesday on the Mutual Recognition Declaration. Download the presentation here.

Start TODAY with the MRD!

At ProductIP we help our users sell goods that don’t cause hassle. User of the ProductIP platform can this NOW start generating MRD’s and sell goods in all member states.

Questions?

Contact one of our regulatory experts via expert@productip.com