Principle of mutual recognition

General information

The principle of mutual recognition, which derives from the case-law of the Court of Justice of the European Communities, is one of the means of ensuring the free movement of goods within the internal market. Mutual recognition applies to products which are not subject to Community harmonisation legislation, or to aspects of products falling outside the scope of such legislation. However the provisions of Treaty on the Functioning of the European Union (TFEU) ensuring free movement of good in the internal market also apply to these products. According to that principle of mutual recognition – except for certain public interests – , a Member State may not prohibit the sale on its territory of products which are lawfully marketed in another Member State, even where those products were manufactured in accordance with technical rules different from those to which domestic products are subject.

To facilitate the application of the principle of mutual recognition Member States operate Product Contact Points (one or more points per Member State) according to Regulation (EC) No 764/2008 of the European Parliament and of the Council laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC and from 19 of April 2020 replacing this one according to Regulation (EU) 2019/515 of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008 (hereinafter: Regulation). The aim of Product Contact Points to give free information to economic operators on national rules regarding given products and on application of the principle of mutual recognition.

There is only single Product Contact Point in Hungary operated by Government Office of the Capital City Budapest, which serves  – as also single –  Product Contact Points for Construction according to Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC.

The Hungarian Product Contact Point database of products belonging to the non-harmonized sector contains relevant product data and it can be searched according to several criteria. If you do not know the correct description of the product or its taric-code, then you can find it e.g. on the TARIC Consultation website. The website also provides information on the legal instruments and requirements applicable in the harmonized sector of products.

If you can't find the information you're looking for on our website, you can ask your question by e-mail or phone, for which we will answer within 15 working days.

You can also find guidances about mutual recognition and the links to Product Contact Points of other Member States of the European Union on Links page of our website.

Information about assessment of goods

To benefit from the principle of mutual recognition, goods must be lawfully marketed in another Member State, so

• the goods need to comply with the relevant rules applicable in that Member State, and
• need to be made available to end users in that Member State.

Where a competent authority of the Member State of destination intends to assess goods subject to Regulation to establish whether the goods or goods of that type are lawfully marketed in another Member State, and, if so, whether the legitimate public interests covered by the applicable national technical rule of the Member State of destination are adequately protected, having regard to the characteristics of the goods in question, then the authority:

• enters into contact with the economic operator concerned;
• inform the economic operator of the assessment, indicating the goods that are subject to that assessment;
• specify the applicable national technical rule or prior authorisation procedure;
• inform the economic operator of the possibility of supplying a mutual recognition declaration.

The economic operator shall be allowed to make the goods available on the market in the Member State of destination while the competent authority carries out the assessment, provided the assessment is not carried out in the framework of a prior authorisation procedure, or the competent authority temporary does not suspend the making available on the market of the goods.

If the economic operator supplies mutual recognition declaration during the assessment, then the authority:

• shall accept the mutual recognition declaration, together with supporting evidence necessary to verify the information contained in it, as sufficient to demonstrate that the goods are lawfully marketed in another Member State, and
• shall not require any other information or documentation from any economic operator for the purpose of demonstrating that the goods are lawfully marketed in another Member State.

(Supporting material:

• information about mutual recognition declaration on Your Erope website, and
• sample of declaration.)

If the economic operator does not supply mutual recognition declaration during the assessment, then the authority may request the economic operators concerned to provide documentation and information that is necessary for that assessment concerning the following:

• the characteristics of the goods or type of goods in question; and
• lawful marketing of the goods in another Member State.

During the assessment:

• the authority may contact the competent authorities or the Product Contact Points of the Member State in which an economic operator claims to be lawfully marketing its goods, if the competent authority needs to verify any information provided by the economic operator;
• the authority shall take due account of the content of test reports or certificates issued by a conformity assessment body that have been provided by any economic operator as part of the assessment.

Where, on completion of an assessment, the authority takes an administrative decision with respect to the goods that it has assessed:

• it shall notify that administrative decision without delay to the economic operator, and
• it shall also notify that administrative decision to the Commission and to the other Member States no later than 20 working days.

In particular, the following information shall be included in the administrative decision referred to:

• the national technical rule on which it is based;
• the legitimate public interest grounds justifying the application of the national technical rule;
• the technical or scientific evidence that was considered, including, where applicable, any relevant changes in the state of the art that have occurred since the national technical rule came into force;
• a summary of the arguments put forward by the economic operator concerned that are relevant for the assessment;
• the evidence demonstrating that the administrative decision is appropriate for the purpose of achieving the objective pursued and that the administrative decision does not go beyond what is necessary in order to attain that objective;
• remedies available under the national law of the Member State and the time limits applicable to those remedies;
• the possibility to use SOLVIT and the problem-solving procedure according to Article 8 of Regulation.

The administrative decision shall not take effect before it has been notified to the economic operator concerned.