The declaration of mutual recognition: free movement of goods

The principle of mutual recognition is based on the eponymous European principle that goods lawfully traded in one member state may also be traded in the other member states.

To date, Regulation 764/2008 is the practical translation of this principle. This Regulation lacks the conditions under which member states may refuse goods and stop the sale of goods. Enforcement authorities in member states often do not know whether other member states have regulations for certain goods or what those regulations are when they do exist. Refusal is therefore often based on a deviation from their own national rules: ''If the product does not meet our rules, then it may not be traded in our country.''

Due to the many differences in national regulations for food contact materials (VCM), operators in this segment are often faced with the shortcomings of Regulation 764/2008.

Statement of mutual recognition

On April 19, 2020, Regulation (EU) 2019/515 on the mutual recognition of goods lawfully placed on the market in another Member State will enter into force. This Regulation introduces the "Declaration of Mutual Recognition. This declares which relevant national regulation(s) of the country in which the goods first enter the European market comply with. Enforcement authorities are thus informed of the applicable regulations with which the goods comply.

The declaration of conformity may be attached to the shipments or may be provided digitally upon request of the enforcing authorities. In any case, the document must contain the most up-to-date information regarding the goods.

When does the statement apply?

Regulation and use of the Declaration of Mutual Recognition is possible for all goods for which;

• no or partially harmonized European legislation applies to the goods or group of goods;
• the items were lawfully marketed in the originating Member State are in line with Article 36 of the Treaty on the Functioning of the European Union (TFEU);
• the originating Member State has relevant applicable national rules in line with Directive (EU) 2015/1535 for the information procedure in the field of technical regulations and rules on information society services.

Commodities Act regulations on packaging and consumer products?

One form of partially harmonized European legislation is that of VCM. Unlike five VCM regulated at the European level, the Netherlands has regulated 12 VCM in the Commodities Act Regulation on Packaging and Consumer Articles (the Commodities Act). The Commodities Act is the relevant national regulation in the Netherlands. The use of the declaration of mutual recognition is possible for those VCM which are not or partially regulated in Europe and which are regulated in the Commodities Act.

Due to the different requirements for VCM at the European and/or national level, the following scenarios should be considered for the use of this statement:

Partially harmonized legislation 1.
For ceramic VCM, the Regulation 84/500/EEC establishes transition limits for the substances lead & cadmium to food. In addition to this Regulation, the Commodities Act contains transition limits for 10 other substances that may occur in this material. Ceramic VCM for the Dutch and European markets must therefore comply with European and Dutch legislation.

No harmonized legislation 2.
VCM such as wood, textiles and glass are not regulated by Europe, but are regulated in the Netherlands. For sale in the Netherlands and Europe, these VCM need only meet the requirements of the Commodities Act.

Examination by member state of destination

The competent authorities of a member state may examine goods at any time. Even if the goods are delivered with a declaration of conformity. In any case, the authorities must inform the economic operator and may request the underlying documentation supporting the conformity with the national regulation(s) of the originating Member State. Trade may continue during an investigation. Temporary suspension of access to that market is incidentally possible when;

• the goods pose a serious risk to human or environmental safety and health;
• this risk occurs during normal or reasonably foreseeable use, including serious risks whose effect is not immediate and requires prompt action by the authorities;
• the goods have a general ban in that member state on public safety grounds such as the general ban on Bisphenol A in France;
• they report the suspension through RAPEX, the European notification system for dangerous products.

Need support?

Do you have questions about the declaration of mutual recognition? Or would you like to know what specific requirements your food contact materials must meet in order to use the declaration of mutual recognition? Précon Quality Services can help you! Feel free to contact us at +31 (0)30 - 65 66 010 or info@precongroup.com.