Principle of mutual recognition

Under this principle, a Member State cannot prohibit the sale on its territory of goods which are lawfully marketed in another Member State, even if those goods are produced to technical specifications that differ from those required of local goods. This means that certain national technical obstacles may be justified in exceptional cases based on public security and other grounds, while others may not.

For exporters, this means that the products they want to legally market in one of the EU countries should not be subject to additional secondary requirements in the country to which they are exported.

Importing Member States may only disregard this principle in the presence of strictly defined circumstances, for example, where there is a risk to public health, the environment or consumer safety, and when it can be proven that the measures which were taken are proportionate.

In the European Union, prohibitions or restrictions on the import, export or transit of goods are allowed if they are justified by:

• public order, public morality or security
• protection of the health and life of humans, animals or plants
• protection of national treasures of art, history or archaeology
• reasons of protection of industrial and commercial property

Such prohibitions or restrictions must not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.