Home The mutual recognition of goods lawfully marketed in another Member State according Regulation (EU) 2019/515

The mutual recognition of goods lawfully marketed in another Member State according Regulation (EU) 2019/515


Feed Sector

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

Principle of mutual recognition

By 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 it is necessary to introduce clear procedures to ensure the free movement of goods lawfully marketed in another Member State and to ensure that free movement can be restricted only where Member States have legitimate public reasons and where the restriction is justified and proportionate.

Under the principle of mutual recognition, the Member States may not prohibit the sale on their territory of goods lawfully marketed in another Member State, even where those goods have been produced in accordance with different technical rules, including goods not obtained through a production process. However, the principle of mutual recognition is not absolute. Member States may restrict the marketing of goods lawfully marketed in another Member State, to impose prohibitions or restrictions on the import, export or transit of goods based on the protection of the health and life of humans, animals or plants.

Regulation (EU) 2019/515 ensures compliance with the existing rights and obligations arising from the principle of mutual recognition by both economic operators and national authorities. The types of goods covered by the Regulation include agricultural products.

In order to benefit from the principle of mutual recognition, the goods must be lawfully marketed in another Member State. In order to be considered lawfully marketed in another Member State, the goods must comply with the relevant rules applicable in that Member State and be made available to end-users therein.

The principle of mutual recognition of goods applies in the EU Member States to goods for which there are no harmonised rules, i.e. there are no common requirements for their marketing or they are only partially covered by harmonised legislation. For these goods, Member States have introduced specific national technical rules/requirements in terms of weight, volume, composition, size, labelling, packaging, etc.

Feed (feed additives, premixtures based on feed additives, feed materials and compound feed) are goods covered by agricultural products. The requirements of the European legislation are met in the production and marketing of the feed, i.e. the harmonised rules at the European Union level apply to these goods.

Only the feed falling within the scope of Article 13 of Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 concerning the placing on the market and the use of feed, i.e. for which there are claims for goods for which a declaration of mutual recognition is required.

For this type of feed, the scientific justification is the main factor taken into account in the formulation of claims regarding the feed, and the feed business operators making such type of claims should be able to substantiate them at the request of the competent authority. A claim can be substantiated scientifically, taking into account all existing scientific data and assessing the relevance of the evidence.

 Mutual recognition declaration

The producer of goods to be supplied or to be made available on the market in the Member State of destination may draw up a voluntary mutual recognition declaration for the lawfully marketing of goods for the purposes of mutual recognition, certifying to the competent authorities of the Member State of destination that the goods are lawfully marketed in another Member State as referred to in Article 4 of Regulation (EU) 2019/515.

Any producer of good, importer or distributor may draw up a mutual recognition declration. It is most appropriate for the producer to provide the information in the mutual recognition declaration of, as he knows best the goods and has the evidence necessary to verify the information contained in the declaration.

The mutual recognition declaration shall be drawn up in one of the official languages of the Union. Where that language is not the language required by the Member State of destination, the economic/business operator shall translate the mutual recognition declaration into the language required by the Member State of destination.

The mutual recognition declaration shall be filled with a correct and an accurate information, and the economic/business operators shall be responsible for the information provided by them. It shall follow the structure set out in Parts I and II of the Annex to Regulation (EU) 2019/515 and shall contain all the information set out therein.

The producer or his authorised representative, where authorised, may fill in the mutual recognition declaration only the information set out in Part I of the Annex. In this case, the information set out in Part II of the Annex shall be filled in by the importer or the distributor.

The European Commission has ensured that a model for the mutual recognition declaration of goods is available on its website in all the official languages of the Union.

Direct access to the model of mutual recognition declaration:

 

On the European Commission website in the “Your Europe” platform the guidelines on the implementation of Regulation(EU) 2019/515 and the mutual recognition of goods are recorded.

The contact point in the Republic of Bulgaria for issues related to the mutual recognition of goods lawfully marketed in another Member State is the Ministry of Economy, with the following e-mail address: infopointBG@mi.government.bg.

For feed-related issues, the competent authority is the Bulgarian Food Safety Agency, Feed Control and Animal by-products Directorate with the following e-mail addresses: bfsa@bfsa.bg и FCABP@bfsa.bg.

With regard to the implementation of Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital platform for providing access to information, procedures and assistance and problem-solving services and amending Regulation (EU) No 1024/2012, we provide the information in accordance with Annex 1, item M Goods.

For the feed sector, item 6 of Annex 1, item M Goods of Regulation (EU) 2018/1724  is applicable - distance sales, concret online marketing in the feed sector.

The Feed Law (promulgated, SG, No. 55 of 7.07.2006) introduces requirements that operators in the feed sector marketing by means of distance communication (online) have to comply.

According to Article 11(3) of Regulation (EC) No 767/2009, where the feed is offered for sale by means of distance communication (online), the data the labelling of which is required by this Regulation, with the exception of the particulars provided for in Article 15(b), (d) and (e) or Article 17(1)(d), shall be affixed to the carrier of distance selling information on the sale or shall be provided by other appropriate means before concluding the distance contract.

The information provided to the users on the website of the operator performing trade by means of distance communication must comply with the requirements of the national and the European legislation.

Feeds offered by means of distance communication must comply with the requirements of the Feed Law, Regulation (EC) No 178/2002, Regulation (EC) No 183/2005 and Regulation (EC) No 767/2009, pursuant to Article 23h, Paragraph 3 of the Feed Law.

According to Article 23(h), Paragraph 2 of the Feed Act, the feed trade from a distance/ distance feed trade may be carried out by an operator in the feed sector which establishment is registered or approved under Article 9 and Article 10 of Regulation (EC) No 183/2005. The operators who trade feed from a distance shall submit a notification note to the attention of the Director of the Regional Food Safety Directorate. The information concerning the e-commerce by means of distance communication shall be reflected in the registers.

Article 14(1) of Regulation (EC) No 767/2009 lays down that „data whose indication on the label is mandatory shall be presented in their completeness in a prominent place on the packaging, container, on the label attached to them or in the accompanying document provided for in Article 11(2) in an obvious and clearly legible manner so that they cannot be deleted, in the official language or at least in one of the official languages of the Member State or region, which the feed is placed on the market“.

According to Article 3(8) of Regulation (EC) No 178/2002, „placing on the market' means the possession of feed for sale, including supply for sale or any other form of transfer, free of charge or for payment, sale, distribution and other forms of transfer“.

Taking into account the general legal definition of the concept of „placing on the market“ in Regulation (EC) No 178/2002 and the objectives of Regulation (EC) No 767/2009 as regards the labelling requirements, and in particular the provision of comprehensible information to the buyers, in order to allow them to make the best choices (informed choice), the mandatory labelling data must be provided in the official language or at least at one of the official languages of the Member State or region where the seller and the buyer are located.

By applying that definition of „placing on the market“ and the provision of labelling to trade by means of communication from a distance, the mandatory notification data must be provided in the language of the country where the feed are placed for sale because on the basis of the labelling requirements they are in the protection of feed users by providing information in the language that they understand, i.e. the language is of the place of placing on the market of the country, which means that the label must be in the language of the Member State, which is to be placed on the market in the country. The feed offered by means of distance communication intended for the market in the Republic of Bulgaria must be labelled in Bulgarian.

Article 11 of Regulation (EC) No 767/2009 applies to the horizontal rules and the reference to the Directive on distance trading is related to the conclusion of a contract. This in some way determines what means communication/trade  by means of distance. In such cases, the Member State’s national rules on this matter shall be applied. Article 11 of Regulation (EC) No 767/2009 clarifies what labelling must be available at the time the feed is offered.

Once the feed is offered by means of distance communication, the rules of Article 11 of Regulation (EC) No 767/2009 must be complied with and the labelling requirements are binding before the conclusion of the supply contract and after the delivery.

The registers of the registered and approved establishments referred to in Articles 9 and 10 of Regulation (EC) No 183/2005 shall be public and accessible here.