Thank you Erik for responding!
I understood the concept for answer 2. However, can you please explain regarding why no Mutual recognition certificate is not needed, beacuse there is a regulation on this-
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 says
An importer to sell its goods in one meber state when already they are selling in other member state need to take Approval from that member state administration as per national Technical rule called Prior authorization procedure.
It's possible that one can get disapproval in that member state based on the interest of public safety or need to comply extra with their member state regulatory requirements to get approval.
One must share mutual recognition certificate to the member state for selling their goods in other member states. |
Where economic operators decide not to use the mutual recognition declaration, it should be for the competent authorities of the Member State of destination to make clearly defined requests for specific information that they consider to be necessary to assess the goods, with respect to the principle of proportionality.
The economic operator should be given appropriate time within which to submit documents or any other information requested by the competent authority of the Member State of destination, or to submit any arguments or comments in relation to the assessment of the goods in question.
eric Can you please explain, what to consider! for my clarity.
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Original Message:
Sent: 4/14/2022 2:22:00 AM
From: Erik Vollebregt
Subject: RE: Regarding Multiple Importers in EU
Hi Sushma,
Ad 1: no mutual recognition certificate needed, CE marking is valid for the whole Union. Once a device has been placed on the market lawfully anywhere in the Union it can be distributed to any member state.
Ad 2: yes, importer is a concept that applies on a per device basis (and not on device type basis), so theoretically each individual device could have different importer. The only restriction is that a single device cannot have more than one importer.
I hope this helps!
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Erik Vollebregt
Partner
Amsterdam
Netherlands
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Original Message:
Sent: 13-Apr-2022 05:02
From: sushma Polisetty
Subject: Regarding Multiple Importers in EU
1. can one manufacturer who has its products marketed in one market for eg. in Germany, will they be able to market in France by showing Mutual recognition certificate to National authority of the France without any problem!!
or do they have to do more than that?
2. Can one have more than one importer in EU for 3rd country Manufacturer, if yes, in what situations?
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sushma Polisetty
India
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