Mutual recognition is the principle of European Union (EU) law under which Member States must allow goods that are legally sold in another Member State to also be sold in their own territory. The principle of mutual recognition, which derives from the case-law of the Court of Justice of the European Union, 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 EU harmonisation legislation, or to aspects of products falling outside the scope of such legislation.
Under this principle, a Member State cannot prohibit the sale on its territory of goods which are lawfully marketed in another Member State, even if those goods are produced to technical specifications that differ from those required of local goods. This means that certain national technical obstacles may be justified in exceptional cases based on public security and other grounds, while others may not.
For exporters, this means that the products they want to legally market in one of the EU countries should not be subject to additional secondary requirements in the country to which they are exported.
Importing Member States may only disregard this principle in the presence of strictly defined circumstances, for example, where there is a risk to public health, the environment or consumer safety, and when it can be proven that the measures which were taken are proportionate.
In the European Union, prohibitions or restrictions on the import, export or transit of goods are allowed if they are justified by:
Such prohibitions or restrictions must not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States
Guidelines for the application of the Mutual Recognition Regulation
‘Blue Guide’ on the implementation of EU product rules
A. Goštauto st. 40 A, LT-03163 Vilnius, Lithuania
Phone: +370 (5) 249 90 83
Company code: 302454111
VAT number: LT100005125012
Monday – Friday 8.00 – 17.00
Lunch break 12.00 – 13.00