[quote align=”center”] The European Commission has published a proposal for a regulation of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State.[/quote]
We often handle requests for particular advice from Italian or foreign customers who need to introduce their products in the European market but clash with the failure to apply the principle of mutual recognition by some European countries, in particular for the materials used for packaging (MOCA).
In this case, it is not always clear what the correct procedure is, which can be different from State to State.
One example is our recent case concerning a company based in the United States, which produces different types of liquid food filters, whose intention was to introduce its products into the European market. A very complex case since this kind of goods includes within it different types of MOCA that would be destined to all European countries, each with its own specific legislation.
What is the right approach? Specific analysis by country? An in-depth study of the type of material according to the chosen market?
These questions can be answered by the draft of a new regulation on mutual recognition, proposed by the European Commission, which is currently available for public consultation and can receive feedback until next March 15th, on the “Have your say” platform.
The draft clarifies and reinforces the principle of mutual recognition to favor another fundamental principle, the free trade of goods, and simplifies the way of demonstrating that a product is already legally marketed through a voluntary declaration.
The product that is already marketed in one Country will also be suitable for the rest of Europe and the competent authority will have to provide detailed reasons for any refoulement. In addition, the object being tested will be able to circulate freely during the conformity assessment (of course except for public health concerns).
We look forward to the publication of this important regulation, in the meantime, we continue our constant commitment to consultancy and collaboration with companies to promote the marketing of their products.
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