Principle of mutual recognition, ProCoP (Product Contact Point) - information point on product requirements at MIT

The principle of mutual recognition applies in the sphere of free movement of goods to products that are not harmonised or are partially harmonised at European level. According to this principle, a Member State must allow a product to be placed on its market if it is legally manufactured or traded in another Member State. Member States recognise that even if products are manufactured in accordance with regulations, standards or procedures other than their own, these in principle guarantee a comparable level of safety and cannot deny them access to their market. In addition to the EU Member States, the principle of mutual recognition also applies to the Member States of the European Economic Area (i.e. Norway, Liechtenstein and Iceland in addition to the EU Member States) and Turkey. More here.

However, the principle of mutual recognition is not absolute. Member States may restrict the marketing of goods which have been lawfully placed on the market in another Member State where such restrictions are justified on the grounds set out in Article 36 Treaties on the functioning of the EU (e.g. protection of health, the environment, culture, industrial property, public morals, public policy, etc.) or on the basis of other overriding reasons of general interest recognised by the case-law of the Court of Justice of the European Union in relation to the free movement of goods, and where such restrictions are proportionate to the objective pursued. These exceptions to the general rule must be interpreted strictly and national measures cannot serve as a means of arbitrary discrimination or a disguised restriction on trade between Member States.

As the principle of mutual recognition was not applied by the EU MS, the following was adopted Regulation (EC) No 764/2008 of the European Parliament and of the Councillaying down procedures relating to the application of certain national technical rules to products lawfully placed on the market in another Member State. However, the review has shown that there are still shortcomings in the application of the principle of mutual recognition. It was therefore adopted and entered into force on 19 April 2020. Regulation (EU) 2019/515 of the European Parliament and of the Council on the mutual recognition of goods lawfully placed on the market in another Member State and repealing Regulation (EC) No 764/2008. More here.

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Regulation on mutual recognition obliges Member States to establish and operate a contact point. The contact point fulfils an information obligation towards businesses and public authorities of other Member States in accordance with the Regulation. The Product Contact Point is established at the Ministry of Industry and Trade - ProCoP (Product Contact Point).

ProCop contacts (Product Contact Point):

e-mail: procop@mpo.cz
phone number: +420 224 221 701

Correspondence address:
Ministry of Industry and Trade, ProCoP, Na Františku 32, Prague 1, 110 00