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In the few areas not yet harmonised within the European Union, the principle of mutual recognition applies. This means that products lawfully manufactured and marketed in another European Member State must, in principle, be able to be marketed and sold in all other Member States.
The new EU Regulation 2019/515 of 19.4.2019, which will enter into force on 19.4.2020, will now clearly regulate this principle for all member states and thus further simplify the free movement of goods within the EU internal market.
The previous Regulation 764/2008 will be repealed at the same time. This Regulation lays down the obligation to clearly justify the restriction or refusal of market access, which in most cases is unlikely to be justifiable. Until now, it has been sometimes difficult for the manufacturer of food or food supplements to prove that a product is "legally marketed" in a particular Member State.
The new Regulation introduces the "mutual recognition declaration". For this voluntary self-declaration, which allows the authorities of another Member State to prove the lawful marketing of goods in one Member State, the Regulation even provides a template in the Annex. If the competent authorities nevertheless refuse to market a product, an arbitration board set up by the European Commission can be contacted to resolve the problem.
For consumers this may increase the variety of goods, but on the other hand it will be necessary to study the product labels and ingredient lists of new products more closely in the future.
Link: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX:32019R0515
Author: Frank Mörsberger
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