In accordance with the principle of mutual recognition, EU member states must accept on their territory products lawfully marketed in another member state and that are not the object of measures of EU harmonization, even where those products were manufactured in accordance with technical rules different from those of the member state of destination.
This principle applies between EU member states and the member states of the European Economic Area (EEA).
The regulation (EC) 764/2008, applicable since 13 May 2009, aims to improve free movement of goods and the principle of mutual recognition.
It defines the rights and obligations of national authorities and economic operators who wish to sell products lawfully made and marketed in another member state, insofar that restrictive dispositions on these products apply, in accordance to a national regulation.
The regulation also focuses on the burden of proof in establishing the procedural conditions under which national authorities may derogate from the principle of mutual recognition.
On the Europa website, the Commission compiles a list of products that are not harmonised and to which the regulation applies.
The regulation provides for the implementation of product contact points in each member state to reply to all questions on:
- national technical rules applicable to a specific type of product;
- the principle of mutual recognition and the application of the 764/2008 regulation;
- the contact details of the competent Luxembourg authorities;
- means of appeal available in Luxembourg.
Frequently asked questions
- Are there technical rules in order to market fire extinguishers in Luxembourg?
Community law applies; there are no specific national technical rules.
- Does the 764/2008 regulation apply to phytosanitary products?
No, the regulation does not apply to phytosanitary products. These products must be approved in the country where they are marketed and/or used. A list of phytosanitary products approved in Luxembourg can be consulted on the website of the Administration of agricultural technical services (Administration des services techniques de l'Agriculture, ASTA).
- Does regulation 764/2008 apply to fertilizers?
The Grand-ducal regulation of 14 May 1992 relating to the commerce of fertilizers and soil conditioning settles the marketing of fertilizers at the national level and determines the products that require an authorisation prior to marketing.
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