Brussels, 20/02/2004 (Agence Europe) - The European Commission has launched on-line consultation on the way the principle of mutual recognition works. It questions the parties concerned on the ways to improve the system which provides for a Member State to be able to accept the marketing of products sold legally in another Member State. After this consultation, the Commission will assess the need to present a legislative proposal which could include provisions for improving transparency, an obligation to notify cases of refusal and an appeal mechanism for companies whose products have been refused.
In its communication of October 2003, the Commission had already presented a "practical guide" to the principle of mutual recognition, mainly specifying in which cases the national authorities must explicitly set out their reason for refusing a product (consumer safety, environmental protection, etc.). It also recalled that the authorities must provide the technical or scientific proof that the product does present a risk.
The interested parties have until 30 April to make their point of view known on the Commission 's site: http: //europa.eu.int/yourvoice/mutual_recognition/index_en.htm. A statistical report on responses will be available in May 2004 and a qualitative analysis in July 2004, the Commission says.