Regulation (EU) 2019/515 on the mutual recognition of goods lawfully marketed in another Member State

Summary:

Regulation of the European Parliament and of the Council of of 19 March 2019 on the mutual recognition of goods in the internal market, repealing Regulation (EC) No 764/2008.

Further information:

Mutual recognition is essential for a proper functioning of the single market for goods. Where no specific EU legislation is in place, Member States are free to set national rules that lay down requirements to be met by products. Such national requirements can co-exist in various Member States, but, if divergent, may create barriers to intra-EU trade.

The adoption of Regulation (EC) No 764/2008 was a partial response to the weak application of the principle of mutual recognition in the field of goods, triggered by the lack of awareness about the principle, legal uncertainty when applying it and the lack of administrative cooperation among national authorities.

In response to indications that the functioning of the principle might not be optimal, the application of the principle of mutual recognition was subject to an external evaluation. The evaluation concluded that mutual recognition was not functioning as it should and that the principle and the Regulation had limited effects in meeting the foreseen objectives in terms of raising awareness and of increasing legal certainty and administrative cooperation.

The overall objective of this initiative, proposed by the European Commission in December 2017, is to achieve a fairer and deeper single market for goods through more and better mutual recognition. The proposal was presented as part of the package of measures aimed at reinforcing consumer trust in the single market.

The Council of the European Union adopted its general approach on the draft law on 28 May 2018.

Official

EUR-Lex: COM(2017)796: Proposal for a Regulation on the mutual recognition of goods lawfully marketed in another Member State http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2017:796:FIN

Council of the European Union: Press Release, 28/05/2018: Mutual recognition of goods: Council agrees position to reinforce the single market http://www.consilium.europa.eu/en/press/press-releases/2018/05/28/mutual-recognition-of-goods-council-agrees-position-to-reinforce-the-single-market/

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Commentary and Analysis

European Parliament: EPRS Briefing, January 2018: Mutual recognition of goods http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI%282018%29614671

European Parliament: EPRS Briefing, April 2018: Mutual recognition of goods lawfully marketed in another Member State [Initial Appraisal of a European Commission Impact Assessment] http://www.europarl.europa.eu/RegData/etudes/BRIE/2018/615657/EPRS_BRI(2018)615657_EN.pdf

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