Evaluation of the Regulation 2019/515 on the Mutual Recognition of Goods

The European Federation of Associations of Food Product Manufacturers, hereinafter EHPM, EU stakeholder registered on the EU Transparency Register (No. 65512466920-96), would like to submit its feedback accompanied by specific cases in the context of the European Commission call for evidence for an evaluation / fitness check of Regulation (EU) 2019/515 on the mutual recognition of goods lawfully marketed in another…

AFAaïA is the French trade union of stakeholders in the growing media, mulch, organic soil improvers, organic and organo-mineral fertilisers and biostimulants. We represent a little more than 100 producers of innovative fertilisers and inputs for sustainable plant crops.

Filed in French · English published by the European Commission

We welcome the initiative of the European Commission to evaluate Regulation 2019/515 on Mutual Recognition of approved goods lawfully marketed in another Member State. The Mutual Recognition Regulation (MRR) is a significant step forward in facilitating the free trade in the EU.

Food Supplements Europe represents manufacturers and sellers of food supplements and food supplement ingredients in Europe. Our membership is composed of national food supplements associations and both large and small companies, for whom the application of the Mutual Recognition Regulation is a crucial tool for accessing markets in other Member States. Please find attached the input from Food Supplements Europe.

In the name of AEFA (Spanish Association of Agronutrient Manufacturers), on behalf of our companies, all of them manufacturing Spanish companies of special fertilizer and biostimulant products, we want to convey some comments on the operation of the application of Regulation (EU) 2019/515: The main application problem is that there are no common criteria among all EU Member States for the application of the…

Hello Nature is a leading company in the organic based fertilizing product industry. For 50 years, we manufacture in our own plants in Italy and supply innovative solutions for farmers in more than 15 European countries. Our product portfolio is composed of organic fertilizers, vegetal and microbial biostimulants. All these products are legally registered in Italy.

As the competent Danish authority of the Mutual Recognition Regulation and home of SOLVIT Centre Denmark, the Danish Business Authority welcomes the call for evidence presented by the Commission on the evaluation of the Mutual Recognition Regulation 2019/515.

Please see the contribution from the European Biostimulants Industry Council (EBIC) in the attached file. In summary, while Regulation (EU) 2019/515 remains a key mandatory EU tool and performs well in certain countries, such cases remain rare, and plant biostimulant manufacturers often give up on making use of the principle and problem-solving procedures in place.

The European Consortium of the Organic-Based Fertilizer Industry (ECOFI) welcomes the current call for evidence in the context of the evaluation of Regulation (EU) 2019/515 on the mutual recognition of goods, and as provided for by Article 14(1) of this Regulation.

I have to insist on the necessity that all EU countries accept this regulation. For example, for fertilising products, countries like Romania, Lithuania, Hungary and Slovenia do not accept Regulation 2019/515. And you are required to submit full registration dossiers, including new efficacy trials, if you want to place fertilising products on these markets.

As a contact point, we believe that the principle of mutual recognition works relatively well in the internal market, although many businesses still have difficulties entering the market. Linked to the application of Regulation (EU) 2019/515, we observe in practice that the impact would be much better achieved if the issuing of a mutual recognition declaration were a mandatory component of the documentation…

Filed in Slovenian · English published by the European Commission

Mutual recognition of goods is not implemented in the same way in each member state and this causes confusion to manufacturers and distributors of fertilisers. Some Member States allow the free movement of the fertilisers and some Member States require a simplified registration procedure where basic information is being assessed before placing the product on the market.

The Food and Veterinary Service of the Republic of Latvia (hereinafter - the Service) has had to deal with the principle of mutual recognition in its activities in the field of food supplements, but so far there have been relatively rare cases when food business operators (hereinafter - FBOs) have requested the application of the principle of mutual recognition to food supplements.

Retail and wholesale companies and European consumers have greatly benefited from free trade within the Single Market. Free movement of goods enabled them retailers and wholesalers to provide their customers with a wider choice of products for lower prices.

The process is extremely complicated and does not prevent different national legislations that do not play a role in a single market. In the meantime, France takes decisions contrary to the European regulations, which it has accepted.

Filed in French · English published by the European Commission

As regards fertilising products, and as already stated in some previous comments, we note that EU countries apply Regulation (EU) 2019/515 in different ways, some being much stricter than others. For example: — In the case of France, the French authorities state that, in order to obtain mutual recognition, a non-negligible charge must be paid per product, which represents an extra financial burden for undertakings…

Filed in Spanish · English published by the European Commission

This is our personal feedback about the application of the MR regulation: - Most of the companies dont understand how and when (i.e. national legislation only) the MR is applicable (they try to use it to bypass procedures that are also applicable); - The European form is mainly not filled correctly (no information on national legislation for example); - We have problems with the information about commercialization…

The European Tuning Organization E.T.O, representing the European automotive aftermarket specialty products industry, consisting mainly of SME`s, welcomes the initiative of the European Commission to evaluate Regulation 2019/515 on mutual recognition of goods lawfully marketed in another Member State.

Harald Schmidtke – Verband der Automobil Tuner e.V. – VDAT (Germany) VDAT members are manufacturers of aftermarket automotive accessories. The vast majority of these parts are not harmonised, are used for the modification of vehicles in circulation and are therefore covered by Regulation 2019/515. The European Commission is often mistaken in its view that all car accessories are harmonised.

Filed in German · English published by the European Commission

This Regulation shouldnt jeopardize the level of protection of both environment and human health set by Member States, however, this is the case, at least, according to our experience in the fertiliser product market.

The mutual recognition principle makes easier market access for goods that are not, fully or partly, harmonised by EU legislation (non-harmonised goods) but which are already lawfully marketed in a Member State. However, the principle of mutual recognition is not absolute.

To whom it may concern, PHOENIX group welcomes the initiative of the European Commission to evaluate Regulation 2019/515 on the mutual recognition of goods lawfully marketed in another Member State of 19 March 2019.

In the field of measuring instruments, there is little experience with mutual recognition, as most measuring instruments are harmonised by Directives 2014/31/EU and 2014/32/EU. For non-harmonised measuring instruments, difficulties with mutual recognition under Regulation (EU) 2019/515 are seen in particular in the following areas: What does a consumer recognise that the measuring instrument has been lawfully placed…

Filed in German · English published by the European Commission

Call for evidence on Mutual recognition of goods Feedback from Teknikföretagen (The Association of Swedish Engineering Industries) In relation to the open call on Mutual recognition of goods - evaluation of Regulation (EU) 2019/515, Teknikföretagen would like to submit the following feedback.

ChargeUp Europe welcomes the evaluation of the Mutual Recognition Regulation (MRR). Given the scope and developments of recent years, it is essential that the Regulation caters to all industries, particularly pan-European ones.

The EU non-food sector has mostly harmonised requirements in the EU, so we consider that this Regulation is important in specific sectors/industries. We as a market surveillance institution (responsible for non-food products) till now haven't`t had cases/requests to analyze product compliance using the requirements of the Regulation (EU) 2019/515.

Implementation of Mutual Recognition Regulation in total is a valuable instrument and solution to the European companies and there should be continued common effort to improve and develop it. Working in PCP and daily receiving questions from the companies, although it is still seen that in some spheres and product groups it does not work as it should, i.e., the products still when entering some country are requested…

Madam, Mr, The system is functioning only perfectly, since in legislation which has not yet been harmonised, such as food contact, France requires operators to switch to ceramics, the migration of aluminium, larsenic and cobalt, whereas other EU countries do not limit the migration of aluminium, larsenic and cobalt, France has not requested a derogation under Directive 98/34.

Filed in French · English published by the European Commission

The Mutual Recognition Regulation (MRR) has been a significant step forward in facilitating the marketing of non-harmonised goods in the Union market. The principle of mutual recognition was fundamental to its construction and remains of utmost relevance for the functioning of the Internal Market. However, the application of the MRR faced limits in practice, resulting in under-exploited potential.

Although harmonized legislation covers 80% of products, Member States may adopt their own national legislation based on the protection of legal public interest. It is important to distinguish the national public interest from economic interest. Regulation 515 sets out the procedure to enforce the principle of mutual recognition.

No current problems with mutual recognition under Regulation (EU) 2019/515 are known. However, difficulties with mutual recognition under Regulation (EU) 2019/515 can be seen in particular in the following areas: What does a consumer recognise that the measuring instrument has been lawfully placed on the market in another country and can therefore be used by them in their own country?

Filed in German · English published by the European Commission

Our experiences indicate that many SMEs (Small and Medium-sized Enterprises) are hesitant to utilize SOLVIT and confront authorities in other countries where they encounter trade barriers. A case in point involves countries that have imposed national requirements on, for example, Electric Vehicle Supply Equipment (EVSE).

Based on the experience gained with the cases received in SOLVIT-ES since the entry into force of Regulation 515/2019 by the companies whose products could be covered by the Regulation in question, we have observed that the fact that this legal text introduces the possibility for companies to send their case to SOLVIT as an additional means of being able to receive assistance on a possible obstacle to the placing on…

Filed in Spanish · English published by the European Commission

As regards fertilising products, and in particular biostimulants, mutual recognition does not work satisfactorily: Examples: In France, ANSES refused a fertiliser (authorised in another EU country). Reason for refusal: additional requests on the safety of certain metabolites potentially produced by the micro-organism composing the fertilising product.

Filed in French · English published by the European Commission

Our company’s experience when it has applied for mutual recognition of a fertilising product has been rather negative. The evaluation of the mutual recognition file in the relevant administration, for example in France, is very slow and cumbersome with successive requests for information that makes the process very slow and commercially unoperational.

Filed in Spanish · English published by the European Commission

In my view, the exchange of goods is facilitated but it is an exhaust valve for the marketing of products which, in many cases, represent unfair competition for local producers who have higher or different requirements than manufacturers in other Member States in similar foodstuffs.

Filed in Spanish · English published by the European Commission

Regulation 2019/515 is still subject to too many different interpretations in different European countries. In many cases (France, Italy, etc.), the national authorities impose additional time limits as well as additional applications which merely delay the authorisation for the introduction of foreign products into these countries.

Filed in French · English published by the European Commission

Successful decision. Although I am a stakeholder and live in a third country outside the European Union, the principle of mutual recognition does not apply in the field of goods and the removal of unjustified barriers to trade, which I suffer greatly from in my country, even in light of communication with my government for years.