Mutual Recognition Regulation across the EEA
If you are exporting ‘non-harmonised goods’ such as pet animals, foodstuffs, furniture, fireworks, tobacco, vehicles or precious metals, you need the technical rules under UK law.
Published 16 October 2012
From:
Department for Business, Innovation & Skills
Contents
- Introduction
- The principle of mutual recognition
- Technical rules for specific (non-harmonised) products in the UK
- Specific regulations for the UK
- Mutual Recognition Regulation in other EU member states
- SOLVIT: resolving issues with free movement of goods
- Further information
Introduction
The free movement of goods and services is a fundamental principle of the EU, which has benefited businesses and consumers by opening markets and stimulating trade between member states.
The 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.
The 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 recognition
Mutual recognition is the principle of 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 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.
Harmonised 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.
Harmonisation 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.
Under the Mutual Recognition Regulation (764/2008/EC) member states must:
- raise awareness of the mutual recognition principle and its application
- make clear the product categories to which mutual recognition applies
- maintain 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 UK
The Mutual Recognition Regulation is all about ‘technical rules’. A technical rule is something which is not required by 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:
- provisions which prohibit the marketing of particular products
- requirements 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 UK
This guide lists below all the product specific UK technical rules, with links to the full regulation on the legislation.gov.uk website.
Goods requiring prior authorisation
Certain 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.
For all of the items listed below, the regulation tells you if the rule involves a requirement for prior authorisation. If 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. Find a list of references of harmonised standards on the Europa website.
Specific regulations for the UK
This is an exhaustive list of UK technical rules to the best knowledge of the UK Product Contact Point. However, should you have an unresolved enquiry relating to the UK technical rules for products please contact mutual.recognition@bis.gsi.gov.uk.
Animals
- Cinematograph Films (Animals) Act 1937
- Dangerous Dogs Act 1991
- Dangerous Dogs (Designated Types) Order 1991 (SI 1991/1743)
- Wildlife and Countryside Act 1981
Bicycles
- Pedal Bicycles (Safety) Regulations (SI 2010/198)
- Pedal Cycles (Construction and Use) Regulations (SI 1983/1183)
Clothing
- Children’s Clothing (Hood Cords) Regulations (SI 1976/2)
- Nightwear (Safety) Regulations (SI 1985/2043)
Construction
- Building Act 1984
- Building Regulations 2000 (SI 2000/2531)
- Control of Lead at Work Regulations 2002 (SI 2002/2676)
Containers for specific purposes
- Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991 (SI 1991/324)
- Freight Containers (Safety Convention) Regulations (SI 1984/1890)
- Medicines (Child Safety) Regulations (SI 2003/2317)
- Petroleum Spirit (Plastic Containers) Regulations (SI 1982/630)
Fireworks and explosives
- Fireworks (Safety) Regulations 1997 (SI 1997/2294)
- Fireworks Regulations 2004 (SI 2004/1836)
- Marking of Plastic Explosives for Detection Regulations 1996 (SI 1996/890)
Food and drink
- Animal By-Products (Identification) Regulations 1995 (SI 1995/614)
- Kava-kava in Food (England) Regulations (SI 2002/3169)
- Medicines for Human Use (Kava Kava) Prohibition Order 2002 (SI 2002/3170)
- Salmon and Freshwater Fisheries Act 1975
- Scotch Whisky Act 1988
- Scotch Whisky Order (SI 1990/998)
- Sea Fisheries (Shellfish) Act 1967
- Ungraded Eggs (Hygiene) Regulations (SI 1990/1323)
Furniture, furnishings and household items
- Bunk Beds (Entrapment Hazards) (Safety) Regulations (SI 1987/1337)
- Cooking Utensils (Safety) Regulations (SI 1972/1957)
- Furniture and Furnishings (Fire) (Safety) Regulations (SI 1988/1324)
- Heating Appliances (Fireguards) (Safety) Regulations (SI 1991/2693)
- Oil Heaters (Safety) Regulations (SI 1977/167)
- Pencils and Graphic Instruments (Safety) Regulations (SI 1998/2406)
- Public Health Act 1961
Gas and electrical equipment, appliances and safety
- Gas Cooking Appliances (Safety) Regulations 1989 (SI 1989/149), regulations 3-5
- Gas Safety (Management) Regulations 1996 (SI 1996/551), regulation 8
- Heating Appliances (Fireguards) (Safety) Regulations (SI 1991/2693)
- Mines and Quarries Act 1954, s.64, with the Electricity at Work Regulations 1989 (SI 1989/635)
- Plugs and Sockets etc (Safety) Regulations 1994 (SI 1994/1768)
- Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541)
- Wireless Telegraph (Cordless Telephone Apparatus) (Restriction and Marking) Order 1999 (SI 1999/2934)
- Wireless Telegraphy (Citizens Band and Amateur Apparatus) (Various Provisions) Order 1998 (SI 1998/2531)
- Wireless Telegraphy (Control of Interference from Citizens’ Band Radio Apparatus) Regulations 1982 (SI 1982/635)
Items intended for use by children
- Bunk Beds (Entrapment Hazards) (Safety) Regulations (SI 1987/1337)
- Children’s Clothing (Hood Cords) Regulations (SI 1976/2)
- Hallmarking Act 1973, sections 3, 4 (with the Hallmarking (International Convention) Order 2002 (SI 2002/506)
- Imitation Dummies (Safety) Regulations (SI 1993/2923)
- Wheeled Child Conveyances (Safety) Regulations (SI 1997/2866)
Lottery and gaming machines
- Gambling (Lottery Machine Interval) Order 2007 (SI 2007/2495)
- Gaming Machine (Circumstances of Use) Regulations 2007 (SI 2007/2319)
- Gaming Machine (Supply &c.) Regulations 2007 (SI 2007/2320)
Measuring equipment
- Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995 (SI 1995/735) with Weights and Measures Act 1985, sections 11, 15
- Measuring Equipment (Intoxicating Liquor) Regulations 1983 (SI 1983/1656)
- Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983 (SI 1983/1390)
- Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998
- Pressure Systems Safety Regulations 2000 (SI 2000/128)
- Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) Regulations 1986 (SI 1986/1320)
- Weighing Equipment (Non-automatic Weighing Machines) Regulations 2000 (SI 2000/932)
- Weights and Measures Act 1985
- Weights and Measures Regulations 1963 (SI 1963/1710)
Obscene materials
- Children and Young Persons (Harmful Publications) Act 1955
- Cinematograph Films (Animals) Act 1937
- Obscene Publications Act 1964
- Protection of Children Act 1978
- The Video Recordings (Labelling) Regulations 2010 (SI 2010/115)
- Video Recordings Act 1984
Pharmaceuticals and medicines
- Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1995 (SI 1995/1014)
- Medicines (Aristolochia and Mu Tong) (Prohibition) Order 2001 (SI 2001/1841)
- Medicines (Bal Jivan Chamcho) Prohibition (No 2) Order 1977 (SI 1977/670)
- Medicines (Contact Lens Fluids and Other Substances) (Labelling) Regulations 1979 (SI 1979/1759)
- Medicines (Fluted Bottles) Regulations 1978 (SI 1978/40)
- Medicines (Prohibition of Non-medicinal Anti-microbial Substances) Order 1977 (SI 1977/2131)
- Medicines for Human Use (Prohibition) (Senecio and Miscellaneous Amendments) Order 2008 (SI 2008/548)
- Poisons Act 1972
- Tryptophan in Food (England) Regulations 2005 (SI 2005/2630) and equivalent Welsh provisions (SI 2005/3111)
- Unlicensed Medicinal Products for Human Use (Transmissible Spongiform Encephalopathies) (Safety) Regulations 2003 (SI 2003/1680)
Tobacco
- Children and Young Persons (Protection from Tobacco) Act 1991
- Tobacco Advertising and Promotion (Brandsharing) Regulations 2004 (SI 2004/1824)
- Tobacco for Oral Use (Safety) Regulations (SI 1992/3134)
Vehicles and traffic signs
- Air Navigation (General) Regulations 2006 (SI 2006/601)
- Air Navigation Order 2005 (SI 2005/1970)
- All-Terrain Motor Vehicles (Safety) Regulations 1989 (SI 1989/2288)
- Cubic Measures (Ballast and Agricultural Materials) Regulations 1988 (SI 1988/765)
- Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels) Regulations (SI 2001/9)
- Fishing Vessels (Safety of 15-24 Metre Vessels) Regulations (SI 2002/2201)
- Fishing Vessels (Safety Provisions) Rules (SI 1975/330)
- Merchant Shipping (Bridge Visibility) (Small Passenger Ships) Regulations 2005 (SI 2005/2286)
- Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 (SI 1998/2771)
- Motor Cycle Silencer and Exhaust Systems Regulations (SI 1995/2370)
- Motor Cycles (Eye Protectors) Regulations (SI 1999/535)
- Motor Cycles (Protective Helmets) Regulations (SI 1998/1807)
- Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003 (SI 2003/1959)
- Motor Vehicles (Construction and Use) Regulations 1986 (SI 1986/1078)
- Motor Vehicles Tyres (Safety) Regulations (SI 1994/3117)
- Public Passenger Vehicles Act 1981
- Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 (SI 1981/257)
- Public Service Vehicles Accessibility Regulations 2000 (SI 2000/1970)
- Rail Vehicles Accessibility Regulations 1998 (SI 1998/2456)
- Road Traffic Act 1988
- Road Traffic Regulation Act 1984
- Road Vehicles Lighting Regulations (SI 1989/1796)
- Traffic Signs (Temporary Obstructions) Regulations 1997 (SI 1997/3053)
- Traffic Signs Regulations and General Directions 2002 (SI 2002/3113)
- Weights and Measures Act 1985
- Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (SI 1997/2400)
You can use the licence finder to get the permits and licences that apply to your business.
For more general advice see the section on manufacturing regulations.
Mutual Recognition Regulation in other EU member states
All EU member states have similar mutual recognition procedures and resources to those in the UK.
Product Contact Points
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.
Businesses can obtain information on which products are subject to national technical requirements, and what those requirements specify. You can find information about Product Contact Points in the UK and other Member States on the Europa website.
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. For more information, see the guidance on international trade in services.
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 products
- public procurement
- free movement of goods
- restrictions on provision of services
SOLVIT can also help individual citizens.
Find the list of national SOLVIT centres on the EUROPA website.
For information about trade barriers outside the EU see Removing trade barriers for UK exporters.
Further information
Information on the single market for goods on the EUROPA website
Mutual recognition information on the Europa website
Contact details for Product Contact Points in all EEA states
The European small business portal on the Europa website
Country profiles of all EU member states on the UK Trade & Investment website
Country profiles of all EU member states on the UK Trade & Investment website
Download a SOLVIT brochure from the EUROPA website (PDF, 369K)
Published 16 October 2012