Non-harmonised area

Regulation (EC) No 764/2008 (Regulation on mutual recognition) lays down the rules and procedures to be followed by the competent authorities of a Member State when taking, pursuant to national technical rules, decisions addressed to economic operators and related to any product, which would hinder the free movement of a product lawfully marketed in another Member State.

The principle of mutual recognition, which derives from the case-law of the Court of Justice of the European Communities, is one of the means of ensuring the free movement of goods within the internal market. Mutual recognition applies to products which are not subject to Community harmonisation legislation, or to aspects of products falling outside the scope of such legislation.

According to that principle, a Member State may not prohibit the sale on its territory of products which are lawfully marketed in another Member State, even where those products were manufactured in accordance with technical rules different from those to which domestic products are subject.

REGULATION (EC) No 764/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC

Guidance document - The application of the Mutual Recognition Regulation to non-CE – marked construction products