The producer (or their importer/distributor) of goods already lawfully marketed in another Member State may draw up a voluntary declaration of lawful marketing of goods for the for the purposes of mutual recognition, called “Mutual recognition declaration” as referred to in the article 4, of the Mutual Recognition Regulation 2019/515.  This document may be supplied either in paper form, by electronic means or be made available online. The EU official template may be found through this link

Where economic operators make the mutual recognition declaration available online, they must ensure that:

• the type of goods or the series to which the mutual recognition declaration applies are easily identifiable; and
• the technical means used shall ensure easy navigation and shall be monitored to ensure the availability of, and access to, the mutual recognition declaration.

This mutual recognition declaration shall be drawn in one of the languages of the union, and in case the language is not the same as the Member State of destination it shall be translated. In the case of Malta the mutual recognition declaration must be drawn up in English or Maltese.

Economic operators shall ensure that the mutual recognition declaration is kept up to date at all times, reflecting any changes in the information that they have provided in the mutual recognition declaration.

The mutual recognition declaration shall follow the structure set out in Part I and Part II of the Annex and shall contain all the information specified therein.

The producer or its authorised representative, where mandated to do so, may fill in the mutual recognition declaration with only the information set out in Part I of the Annex. In such case the information set out in Part II of the Annex shall be filled in by the importer or by the distributor.

Economic operators who sign the mutual recognition declaration, or a part of it, shall be responsible for the content and accuracy of the information that they provide in the mutual recognition declaration, including the correctness of the information they translate.

Where the goods for which the mutual recognition declaration is being supplied are also subject to a Union act requiring an EU declaration of conformity, the mutual recognition declaration may be attached to the EU declaration of conformity.

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