EAS releases guide for applying mutual recognition in the EU

EAS has released the first publication in its ‘how to’ series to help companies successfully apply mutual recognition when bringing food products into different European Union (EU) markets.

Entitled “How to apply mutual recognition for the free trade of food products across the EU”, the guide introduces the principle of mutual recognition and clarifies the rights and obligations of both companies and EU member states according to the new mutual recognition regulation which became applicable in May this year.

“Mutual recognition is one of the fundamental principles of the EU internal market, giving companies access to the markets of 27 member states without having to reformulate or change products, so it is imperative that companies understand how to use it successfully,” says Elodie Lebastard, EAS Regulatory Adviser.

“The new mutual recognition regulation now makes mutual recognition the rule, and it will create substantial business opportunities, especially for food supplements and functional food manufacturers, which will be very welcomed in these difficult economic times.”

The new regulation specifically obliges the EU member states to apply mutual recognition as a rule.

It also reduces the national authorities’ abilities to restrict market access of products lawfully marketed in another member state.

The EAS guide clarifies the conditions under which EU member states can refuse to apply mutual recognition, covers the application of mutual recognition in borderline cases, and explains why the principle is not applied in many cases.

It also covers the recourse for companies when mutual recognition is not applied by a member state, such as product contact points (PCPs), the SOLVIT system and ways of making complaints about the non-application of mutual recognition.