Regulation (EU) 2019/515 improves the mutual recognition process for the free movement of goods within the EU, making cross-border sales simpler and more transparent for businesses.
What this means in reality…
There is a marked distinction between selling a product and distributing a product.
A product may not be sold in a market, unless it has been approved for the specific market. The EU facilitates free movement of goods, and the Mutual Recognition Principle (MRP) makes it possible to legally distribute approved products across Member States. However, if you are actively promoting or selling a product to a market, then it needs to comply with local market requirements.
- Products lawfully marketed in one EU country should be accepted in others, except where legitimate refusals are justified by public health, safety, or environmental protection.
- Businesses can provide a voluntary declaration showing their product is lawfully marketed elsewhere in the EU.
- The MRP aims to reduce bureaucracy, increase transparency, and speed up intra-EU sales while protecting public interests.
Lawful marketing in one Member State allows products to be distributed across the EU, even if technical standards differ from other countries. If actively promoting or selling to another market, the product must meet local national requirements.
A product listed and promoted on Amazon.fr may be sold and dispatched to a German customer at the MRP, provided it is lawfully marketed in France (i.e. purchased via the French site and not promoted in German).
If the product is sold in Germany or via a German website, it must comply with German market requirements.
Similarly, if the product is marketed or promoted in German in any other market and then purchased by a German consumer, it will also need to meet German requirements. The use of promotional material or labelling in German is deemed to target German customers.