Mutual recognition of products

Products regulated by EU harmonisation legislation

Harmonisation within the EU of rules that lay down common requirements for the marketing of certain goods is one of the ways to guarantee the free movement of goods in the internal market.

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What happens with products that are not regulated by EU legislation?

• For products that are not subject to harmonised or partially harmonised EU legislation, the free movement of goods is also guaranteed by the principle of mutual recognition.
• The principle of mutual recognition means that products lawfully marketed in one Member State may be sold in any Member State. This means that:
  • the products must comply with the relevant rules of the Member State of origin (or, if no such rules exist); and
  • the products must be available to end users in that Member State.

However, the principle of mutual recognition is not absolute. Member States may restrict the marketing of these goods whenever such restrictions are justified in accordance with Article 36 TFEU or for overriding reasons of public interest, and when such restrictions are proportionate to the objective pursued.

To ensure proper compliance with the principle of mutual recognition, the EU has adopted Regulation (EU) 2019/515 on the mutual recognition of goods lawfully marketed in another Member State, in which a formal procedure has been established to ensure the effective and proper application of the principle of mutual recognition.

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Declaration of mutual recognition

For the purpose of ensuring that economic operators can rely on the principle of mutual recognition, the Regulation provides that economic operators may submit a voluntary declaration of mutual recognition.

This declaration has the structure set out in Annex I, and consists of two parts:

• Part I: description of the goods and declaration regarding their legality;
• Part II: marketing of the goods or of that type of goods.

The declaration may be completed by the producer or by their authorised representative. They may fill in only the information that appears in Part I. The importer or distributor will fill in Part II. The importer or the distributor may also draw up both parts of the declaration of mutual recognition.

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Which authorities in Spain are responsible for implementing the mutual recognition regulation?

In Spain, various official supervisory authorities at state, regional or local level are responsible for applying the regulation, according to their respective competences and the scope of application.

This Regulation establishes the creation of product contact points (PCP) for national products, whose mission is to provide information free of charge on the correct application of the mutual recognition regulation and the technical regulations required in each Member State; economic operators may direct any enquiries to these contact points. Moreover, with the entry into force of Regulation (EU) 2019/1020 on market surveillance and compliance of products, PCPs are obliged to provide economic operators with information regarding the national transposal and application of the EU harmonisation legislation that applies to products. In Spain, PCPs also handle consultations concerning the construction products to which Regulation (EU) No 305/2011 applies (product contact point for construction, PCPC).

In Spain, the PCP and the PCPC are integrated into the Directorate General for Trade Policy, under the Ministry of Economy, Commerce and Business, Paseo de la Castellana, 162, 28046 Madrid. Tel. +34 913493769; email:  contactpoint@mincotur.es

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Information for each Autonomous Community

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