Market surveillance regulation & mutual recognition regulation (proposals)

Origin marking
21 December 2017


On Tuesday 19 December, the Commission released an amended proposal on market surveillance, COM(2017) 795 final (link), which was accompanied by a second proposal on the mutual recognition of non-harmonised products, COM(2017) 796 final (link). The proposal on market surveillance follows from the conclusion of a consultation period, held 1 July to 31 October 2016, to which Cerame-Unie and its members contributed.


The regulation on market surveillance (MSR) proposes several provisions including better traceability and compliance programmes as well as a better coordination of enforcement across the Union.


The regulation on mutual recognition (MRR) foresees a voluntary declaration to demonstrate that products are lawfully marketed in one Member State to simplify assessments on whether mutual recognition should apply. It also proposed a problem solving procedure to allow for a faster resolution of disputes between companies and national authorities that could also involve the Commission at companies’ requests. It proposes Product Contact Points in each Member State in order to provide digital information on mutual recognition, dispute procedures, and contact details of the competent authorities. Training and exchanges among officials aim to improve collaboration and trust among national authorities.


The draft Regulations will now be sent to the European Parliament and Council for adoption; action from the legislature is forthcoming. An opportunity for industry to provide feedback on the proposals is currently open. Please click here for the MSR feedback portal (closes 19 march 2018) and here for the MRR feedback portal (closes 20 March 2018).