Suggestions for improving the application of the mutual recognition principle

Published: 28 November 2014

Policies & Issues: Internal Market - Compliance, Standards & Enforcement

Orgalime welcomes the European Commission’s efforts to improve the application of mutual recognition, a principle that remains a very important pillar of the internal market for products which are not covered by Union harmonisation legislation.
In particular, mutual recognition provides the internal market with powerful tools such as:
  • the authorities obligation to justify any measure against products lawfully placed on the market of another Member State (article 6, Regulation 764/2008)
  • the withdrawal of national standards conflicting with European ones (article 3, Regulation 1025/2012)
  • the establishment of product contact points (article 9, Regulation 764/2008)
However, there is still room for improvement in the implementation of the mutual recognition principle.
We consider that the ultimate purpose of the mutual recognition principle, which is to ensure the free circulation of products in the internal market, could be achieved if the Commission does carefully examine the full list of conditions for placing products on the market, such as product related services or additional national requirements linked with EU environmental legislation.
Therefore, Orgalime would like to make some suggestions that go beyond the scope of Regulation EU 764/2008.

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