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IntroductionThe free movement of goods and services is a

fundamental principle of the European Union (EU), which has benefited businesses and consumers by opening markets and stimulating trade between member states.

IntroductionThe Mutual Recognition Regulation (EC 764/2008),

in force since May 2009, strengthens the operation of free trade in goods in the EU. Iceland, Norway and Liechtenstein, which are members of the European Economic Area (EEA) but not of the EU itself, also agreed to this regulation. It requires that all member states provide free information on their national technical rules and sets out a standard procedure for enforcing those rules.

IntroductionThe Regulation simplifies market entry for businesses

as they are able to market and sell their goods in any or all of the 30 countries that make up the EEA based on recognition of their products in any member state.

This guide explains how mutual recognition works in practice, provides information on how to find the UK's technical rules for specific products, and introduces the corresponding services in other EEA member states.

The principle of mutual recognitionMutual recognition is the principle of European

Union (EU) law under which member states must allow goods that are legally sold in another member state also to be sold in their own territory.

For the exporter, this means that a product legally on sale in one EU country should not have to meet a second set of requirements in the country to which they are exporting.

The principle of mutual recognitionThe importing member state can disregard this

principle only under strictly defined circumstances, such as where public health, the environment or consumer safety are at risk, and where the measures taken can be shown to be proportionate.

Mutual recognition applies to non-harmonised goods - those that are not already covered by EU-wide legislation setting common requirements (eg in terms of safety or environmental performance) that all products of that type must meet before being placed on the EU market.

The principle of mutual recognitionHarmonised legislation covers the majority of goods

traded within the EU, including toys, machinery, medical devices and pharmaceuticals. Non-harmonised goods include certain foodstuffs, furniture, bicycles, ladders and precious metals.

The main advantage of mutual recognition is that it removes the need to harmonise all national technical rules. Technical rules typically relate to weight, size, composition, labelling and packaging.

The principle of mutual recognitionThe importing member state can disregard this

principle only under strictly defined circumstances, such as where public health, the environment or consumer safety are at risk, and where the measures taken can be shown to be proportionate.

Mutual recognition applies to non-harmonised goods - those that are not already covered by EU-wide legislation setting common requirements (eg in terms of safety or environmental performance) that all products of that type must meet before being placed on the EU market.

The principle of mutual recognitionHarmonisation can be very time-consuming, and is of

limited value when only a few member states wish to regulate a particular product, or when the volume of sales of that product means that the costs of harmonisation outweigh the benefits.

The principle of mutual recognitionUnder the Mutual Recognition Regulation

(764/2008/EC) member states must:Raise awareness of the mutual recognition principle and

its applicationMake clear the product categories to which mutual

recognition appliesMaintain product contact points providing free

information on any national rules that apply to non-harmonised goods

Ensure that enforcement authorities set out clear justification and evidence for any actions which may contravene the mutual recognition principle

Provide solutions within given deadlines where problems are encountered

Technical rules for specific (non-harmonised) products in the UKThe Mutual Recognition Regulation is all about

'technical rules'. A technical rule is something which is not required by European Union (EU) harmonised legislation, and which provides the authorities in an importing member state with a basis for excluding a product from the market. Technical rules broadly fall into three categories:

Technical rules for specific (non-harmonised) products in the UKProvisions which prohibit the marketing of particular

productsRequirements for products to have particular

characteristics when they are marketed (eg in terms of quality, safety or labelling)

Rules about the subsequent use or treatment of products which significantly affect the way they are made or marketed - eg recycling obligations

Technical rules in the UKTechnical rules as defined in the Regulation are only one

aspect of the way that UK legislation may affect your business.

To search for licences in your business area, follow a number of simple steps:Either describe your business or browse one of the

business categoriesNarrow the search by selecting one of the sector

options presentedNarrow the search further by selecting the box or boxes

that best describe your businessEnter your nearest town or your postcode to tailor the

advice

Technical rules in the UKYou will be presented with a list of:

Licences and permitsStandardsTrade bodies and other contacts

Goods requiring prior authorisationCertain goods require prior authorisation - ie the product

or design must be submitted for testing or approval by the authorities of a member state or a designated private body before they can be placed lawfully on the UK market. A requirement for prior authorisation is not itself a technical rule, but the criteria against which a product is assessed may be technical rules.

Goods requiring prior authorisationIf prior authorisation is not mentioned, it can be assumed

that none is required with that rule, ie providing the product meets the requirements of the relevant regulation it can be lawfully marketed without having to be approved first.

Note that even though a product might not be subject to prior authorisation requirements as a result of the regulation, there may be other requirements to submit products for third party testing or approval prior to placing on the market as a result of harmonised legislation.

Specific regulations for the UKThis page lists product specific UK technical rules. Each

link takes you to the full regulation on the legislation.gov.uk website. This is an exhaustive list of UK technical rules to the best knowledge of the UK Product Contact Point.

Mutual Recognition Regulation in other EU member states

All European Union (EU) member states have similar mutual recognition procedures and resources to those in the UK.

Product Contact Points provide free information to businesses on the national technical rules that apply in their own territory. They will provide details of products, or aspects of products, to which the mutual recognition principle applies, and the national technical rules relating to those products.

Example - how the UK Product Contact Point works in practice

For purposes of consumer safety, a technical rule governs the manufacture and sale of motor cycle helmets in the UK - the Motor Cycles (Protective Helmets) Regulations SI 1998/1807 (as amended).

A manufacturer of motor cycle helmets in Poland is keen to exploit the growing market for retro-styled scooters in the UK by producing and selling some new designs based on vintage originals.

Example - how the UK Product Contact Point works in practice

By accessing the regulation summaries in the Your business section, the manufacturer can find out which standards and other requirements they need to comply with, and whether they need to adapt the designs for their products so that they comply with this specific UK requirement.

SOLVIT - resolving issues with free movement of goods

The free SOLVIT online service is available to businesses to help resolve any issue raised by a public authority which they believe prevents or delays their plans to establish, freely provide products, and/or generally carry out business anywhere within the EU.

Similarly, the EU Services Directive facilitates the unrestricted provision of services in the EU and here too SOLVIT can assist when businesses encounter problems in realising this right

SOLVIT - resolving issues with free movement of goods

Every EU member state has a SOLVIT centre, as have Norway, Iceland and Liechtenstein.

SOLVIT centres are part of the national administration and aim to provide practical solutions to problems within ten weeks.

Business complaints that SOLVIT can help with include:Market access for productsPublic procurementFree movement of goodsRestrictions on provision of servicesSOLVIT can also help individual citizens.

FormalitiesAll the information provided is for informational purposes

only and you should seek specialist personalised advice as required. As such, we accept no liability for the actions taken by the readers of this slideshow.

All information was provided by Business Link and is covered by Crown Copyright.

All information is available as shown below: BusinessLink (2012) Free movement of goods across the EEA and resolving

issues. Available at: http://www.businesslink.gov.uk/bdotg/action/layer?r.i=1082512761&r.l1=1079717544&r.l2=1087336649&r.l3=1082512101&r.s=sc&r.t=RESOURCES&topicId=1082

512101 [Accessed: 26th August 2012]

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