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The European Commission (EC) has initiated two legislative proposals that aims to ensure that only safe products are circulating in the EU Single Market.

The two legislative proposals focus on these two aspects of the free flow of goods in the EU:

  • Proposal for a Regulation on the mutual recognition of goods lawfully marketed in another Member State

This proposal specifies the following:

  • (a) clarifying the scope of mutual recognition, by clearly defining when it is applicable, will increase legal certainty for businesses and national authorities as to when the mutual recognition principle can be used
  • (b) the introduction of a self-declaration to facilitate the demonstration of a product being already lawfully marketed
  • © setting up administrative cooperation, and putting in place an IT tool will enhance communication, cooperation and trust among national authorities, and thus facilitate the functioning of mutual recognition.
  • Proposal for a Regulation laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products and amending Regulations and Directives
    • The proposal will provide the right incentives to businesses, intensifying compliance checks and promoting closer cross-border cooperation among enforcement authorities.
    • The proposal is based on Articles 33, 114 and 207 of the Treaty on the Functioning of the European Union.

The draft Regulations will now be sent to the European Parliament and Council for adoption. Once adopted, they will be directly applicable.

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