Mutual recognition

What is the principle of mutual recognition in the EU internal market?

Mutual recognition is a principle applicable in the area of free movement and concerns products that are not subject to harmonised European Union legislation. According to the principle of mutual recognition, in the absence of harmonised rules at European level, products lawfully marketed in one Member State may be sold in other Member States, with the exception that Member States may restrict the making available on the market of goods lawfully marketed in another Member State where such restrictions are justified for the reasons set out in Article 36 of the Treaty on the Functioning of the European Union (OJ C202/1 of 7 June 2016) or on the basis of other overriding reasons of public interest, such as the health and safety of individuals.

Regulation (EU) 2019/515 was adopted to facilitate the application of the mutual recognition principle. Regulation (EU) 2019/515 aims to strengthen the functioning of the internal market by improving the application of the principle of mutual recognition and by removing unjustified barriers to trade.