1. Mutual recognition of products
2. Procedure
3. FAQs
4. Who to contact

Mutual recognition of products

Mutual recognition applies to products that are not subject to EU harmonisation legislation, as well as to aspects of products that do not fall within the scope of such legislation.

Mutual recognition is a principle of EU law requiring Member States to allow products/goods that are already legally/lawfully marketed in another Member State to be sold in their territory. This means that products that have been marketed in one Member State and whose manufacturer decides to market them in another Member State no longer have to meet specific conditions laid down in the Member State into which the manufacturer wants to import the product.

However, this does not apply to cases where a Member State has established specific requirements that are intended to protect public health, the environment, consumer protection, etc.

Procedure

Regulation (EU) 2019/515 on the mutual recognition of goods lawfully marketed in another Member State (‘Regulation (EU) 2019/515) governs how the principle of mutual recognition is to be applied and how to proceed.

The Regulation lays down the following rules and procedures to guarantee the free movement of goods lawfully marketed in another Member State while fully respecting the principle of mutual recognition:

• the procedure to be followed by the competent authorities of a Member State when assessing goods (products) (Article 5 of Regulation (EU) 2019/515), and when market access for goods (products) can be temporarily suspended (Article 6 of Regulation (EU) 2019/515);
• the particulars of an administrative decision restricting or denying market access for goods (products) (Article 5(11) of Regulation (EU) 2019/515);
• the possibility for businesses to use a voluntary mutual recognition declaration to demonstrate that their goods (products) have been lawfully marketed in another Member State (Article 4 of Regulation (EU) 2019/515); the content of the mutual recognition declaration is set out in the Annex to Regulation (EU) 2019/515;
• the involvement of SOLVIT (Article 8 of Regulation (EU) 2019/515) in problem-solving procedure. SOLVIT is a network set up on the initiative of the European Commission to informally address the problems faced by citizens or businesses when exercising their rights on the EU’s internal market. In Slovakia, SOLVIT tasks are the responsibility of the Government Office of the Slovak Republic (in Slovak);
• the provision of information via a Product Contact Point (Article 9 of Regulation (EU) 2019/515).

Further information on the topic is available on the website of the Slovak Office of Standards, Metrology and Testing.

FAQs

What is the difference between harmonised and non-harmonised products?

Harmonised products must satisfy the requirements set out in EU harmonisation legislation (such as directives or regulations) in order to ensure their free and unrestricted movement throughout the European Union. The basic requirements under harmonisation regulations are the same for harmonised products in all EU Member States.

When specific products are not covered by any EU legislation, or they are covered only partially as regards some aspects of the products, this is a non-harmonized area. In the absence of EU-wide rules, individual countries may apply their own specifications (rules) which may differ from one EU country to another. In this case, it is sufficient to comply with the regulations that are in force in that EU country in which the products are marketed.

It means that products that have been legally placed on the market in one Member State, and manufacturer of which decides to place them on the market in another Member State, no longer have to meet the specific conditions laid down in the Member State into which the products in questions are to be imported. Exception is provided for the cases when a Member State has laid down the specific requirements justified by protection of public health, the environment, consumer protection, etc.

When placing so called non-harmonized products on the market, the mutual recognition principle applies.

We want to import fertiliser from another EU Member State into Slovakia. Who can we contact?

For fertiliser imports, you can contact the Central Agricultural Control and Testing Institute in Bratislava.

Who to contact

Economic operators who need help or advice can contact the Slovak Office of Standards, Metrology and Testing as the Product Contact Point:

Slovak Office of Standards, Metrology and Testing,
Department of Testing and European Affairs,
Product Contact Point
Štefanovičova 3, 810 05 Bratislava
productinfo@normoff.gov.sk

Product contact point
Mutual recognition of goods

Explanatory laws:

• Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008;
• Act No 55/2018 Coll. on the provision of information on technical regulation and on obstacles to free movement of goods (only in Slovak).