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The prerequisite for the functioning of the European single market is that the products which have been legally marketed in one Member State may also be sold and used freely in other Member States.
In most cases, those goods which have already legally entered the European single market may move freely in the single market.
Mutual recognition of requirements
Standards and specifications which apply to the entire EU have been established for some product categories .
If your products are subject to the EU technical specifications, the product must be compliant with those specifications before you can freely trade them in the EU market.
In those fields where EU-wide specifications have not been established, the products may be subjected to different specifications in different EU Member States. In this case, one of the pillars which ensures the free movement of goods in the EU is application of the principle of mutual recognition. Pursuant to the principle, EU Member States must allow a product which has been legally marketed in another Member State freely into their market even if the requirements established for the product in the target country are different.
The only exceptions of this principle are the restrictions which are justified on grounds of public morality, public policy, or public security; the protection of the health and life of humans, animals, or plants; the protection of national treasures possessing artistic, historic, or archaeological value; and the protection of industrial or commercial property. In other words, Member States may apply national requirements for products on those grounds and such requirements will apply to all market participants in this Member State. Further information about such requirements can be obtained from the Product Contact Point.
The Estonian Product Contact Point can be contacted by sending an email to [email protected] or by sending a letter to the following postal address: Endla 10a, 10122 Tallinn.
The product contact points of the EU Member States are listed here.
Product Contact Point
The product contact point provides information to businesses about the national technical regulations established for products by Member States, as well as about the application of the principle of mutual recognition. National requirements for products are the requirements which may differ by Member States.
The following information can be obtained from product contact points:
- information about the national technical regulations established for products in the European Union Member States;
- information about the principle of mutual recognition and application of the mutual recognition regulation of the European Union in the territory of a specific Member State;
- contact details of the competent authorities of a specific Member State which enable to get in touch with the competent authorities directly, including the details of those authorities which are responsible for supervising the implementation of the national technical regulations applied in the territory of the specific Member State;
- the legal remedies and procedures which can be used in the territory of a specific Member State in the event of a dispute between competent authorities and a business, including the Internal Market Problem Solving System (SOLVIT).
Product contact points respond to inquiries within fifteen working days. Product contact points respond to inquiries free of charge.
The Estonian Product Contact Point may be contacted in Estonian and English by sending an email in free format to [email protected].
A non-exhaustive list of the technical regulations applicable in Estonia can be found from the article ‘Technical regulations for products’.
Settling of disputes between a competent authority and a company
If a company wishes to contest a decision made by a competent authority, a challenge may be submitted to the competent authority which made the decision.
The company may also contact SOLVIT. SOLVIT is the avenue for the out-of-court resolution of problems between citizens and companies which arise when an authority of another Member States fails to apply the legislation of the European single market properly.
In the event of submitting a claim, it is important to describe the issue in as much detail as possible, send the copies of all relevant documents and the correspondence, and provide the contact details of the party submitting the claim.
In most cases, SOLVIT will find a solution within 10 weeks after the date on which a SOLVIT centre accepted your issue in the country in which the issue arose.
If it is not possible to resolve an issue via SOLVIT, the SOLVIT centre may contact the European Commission to obtain their opinion. In this case, the term will be extended by 45 days.
Claims may be filed:
- electronically
- by post to the following address of the Estonian SOLVIT centre: Tarbijakaitse ja Tehnilise Järelevalve Amet, Endla 10a, 10122 Tallinn
- by email to [email protected]
If the issue cannot be resolved by using the options described above, a claim against the competent authority which made the decision may be filed with a court.
Related articles
References
- Information about the contact points of other member states
- Product requirements in EU
- Declaration of mutual recognition
- Mutual recognition declaration for the purposes of Article 4 of Regulation (EU) 2019/515 of the European Parliament and of the Council
- Guidance document for the application of Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008
- The application of the mutual recognition regulation to food supplements (Training material for authorities)