Product Contact Points (PCP)Versión en español
Each Member State has designated a Contact Point in its territory to ensure that the principle of mutual recognition is correctly applied.
The functions of the Contact Point are listed in Article 9 of Regulation (EU) 2019/515, according to which, the PCP will provide, within a period of fifteen working days and free of charge, information on:
- The principle of mutual recognition and its application in its territory.
- Contact details, by means of which the competent authorities within that Member State may be contacted directly.
- The remedies and procedures available in the territory of their Member State in the event of a dispute.
In Spain, the PCP is integrated into the Directorate-General of Trade Policy, dependent on the Ministry of Industry, Trade and Tourism (MINCOTUR), Paseo de la Castellana, 162. 28046 Madrid. Tel. (+34) 91 349 3769; email:email@example.com
Frequently Asked Questions
- What is the Principle of Mutual Recognition?
The Principle of Mutual Recognition, as a general rule states that, although there is a technical rule in the Member State of destination, products legally manufactured or marketed in another Member State enjoy a fundamental right to free movement guaranteed by the Treaty on the Functioning of the European Union.
According to case-law of the Court of Justice, derogations from this principle are not allowed except under very strict conditions, that is, when the measure imposed by the importing Member State is necessary, appropriate, and proportionate to satisfy legitimate reasons of public interest.
- Which are the remedies and procedures available?
Those established in Law 39/2015, of 1 October, on the Common Administrative Procedure for Public Administrations.
- What legislation is applicable to mutual recognition?
Regulation (EU) 2019/515, which has been in force since April 2020. The objective of the Regulation is to improve the application of the principle of mutual recognition, by: modifying the scope of mutual recognition; the introduction of a voluntary declaration of the economic agent; the establishment of a problem solving system; and improving administrative cooperation.
- What is the Self-Declaration of Mutual Recognition?
A voluntary declaration of the legal marketing of goods for the purposes of mutual recognition (”declaration of mutual recognition”) to demonstrate to the competent authorities of the Member State of destination that the goods, or goods of this type, are legally marketed in another Member State. The declaration of mutual recognition shall be drawn up in one of the official languages of the Union, must be kept up-to-date and must have the structure established in the annexes of the regulation and contain all the information indicated therein.
- Who can prepare the Declaration of mutual recognition?
The producer, importer or distributor can draw up a declaration of legal marketing of goods for the purposes of mutual recognition.
- Where should I file the Declaration of mutual recognition?
The Declaration of mutual recognition must be submitted to the Ministry authorities with regulatory powers over the affected product.
Enlaces de interés
- Regulation (EU) 2019/515 on the mutual recognition of goods lawfully marketed in another Member State
- Product contact points in other countries
- Indicative list of products not subject to harmonised EU legislation
- Mutual recognition declaration
- Guidance on the application of the Mutual recognition regulation
- Training material on mutual recognition
- List of National Products Rules [PDF] [686 KB]