Product Contact Point (PCP)
Member States shall nominate and maintain product contact points in their territory and shall ensure that their product contact points are endowed with sufficient powers and have at their disposal sufficient resources to carry out their tasks properly. Member States shall ensure that the Product Contact Points provide their services in accordance with Regulation (EU) 2018/1724.
On basis of a decision of the Government of the Republic of Slovenia and in accordance with Regulation (EU) 2019/515 of 19 March 2019 on mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 1234/2007 764/2008, the Contact point for products in Slovenia has been operating since 13 May 2009 within SIST.
"Decree on the implementation of the Regulation (EU) on market surveillance and compliance of products" in article 3 defines that the tasks of the Product Contact Point regarding the provision of information to economic operators in accordance with Article 8 (2) of Regulation 2019/1020 / EU shall be performed by the Slovenian Institute for standardisation (SIST).
The contact point provides information on technical regulations for a specific type of product for which there is no uniform legislation. The contact point will investigate whether there are any technical regulations in the Republic of Slovenia, as well as in other Member States for a specific type of product, and if so, it will provide free of charge information on these regulations.
The principle of "mutual recognition"
The principle of mutual recognition applies in the field of free movement of goods. In the absence of harmonized rules at European level, products lawfully marketed in one Member State may be sold in other Member States whether or not they comply with the national technical rules of those Member States. Member States shall mutually recognize that the public interest is equally protected by national technical rules. Exceptionally, a Member State may refuse access to its national market for a product that is lawfully marketed in another Member State if it demonstrates that the level of protection of the public interest is not equivalent and that national technical rules are necessary and proportionate to the objective pursued.
Guidance document for Mutual Recognition Regulation (EU) 2019/515
This guidance document explains various aspects of the regulation, including the mutual recognition declaration for businesses and the assessment of goods by national authorities. It also offers practical information on support services provided by SOLVIT centres and Product Contact Points.
Trainings on mutual recognition
In January 2021 the Commission organised two types of trainings on mutual recognition
- 'Train the trainers' - for experts from EU countries, EEA and EFTA states, and Turkey who will hold trainings on mutual recognition in respective countries and languages. The training material is available in all official EU languages.
- 'Training on mutual recognition and ICSMS' - intended for competent authorities applying the principle of mutual recognition in their everyday work. Since these authorities are notifying their decisions denying or restricting market access via ICSMS, we also demonstrated the use the new mutual recognition module of ICSMS. The training material is available in all official EU languages.
A short summary of the mutual recognition regulation for businesses is also available in all official EU languages.
Declaration of mutual recognition
In principle, a product that is authorized to be sold in one EU country can be sold in all EU countries. In practice, the authorities of the EU country of destination may request additional information before authorizing the sale of products in their territory. The declaration of mutual recognition can help provide this information.
This voluntary self- declaration allows manufacturers, importers and distributors to demonstrate to the authorities that their products comply with regulations in another EU country where these products are already sold.
The declaration covers all "non-harmonized" products of any kind, i.e. products that are not covered by the EU legislation laying down the common requirements: it can also be applied to agricultural products.
If the product does not demand any pre-authorization procedure, it can be sold in another EU country. However, the authorities in that country have the right to assess such a product at any time.
Three options for making a statement are possible:
- the manufacturer (or their authorized representative) completes both Part I and Part II;
- the manufacturer (or their representative) completes Part I and the importer/distributor completes Part II;
- the importer/distributor completes Part I and Part II (if they can provide evidence to support the information in the declaration).
Tasks of the Product Contact Points
The Product Contact Point shall provide the following information upon request:
- about technical rules (for the harmonized and non-harmonized area) applicable in the Republic of Slovenia or in the territory of the Member States for each type of product
- about the principle of mutual recognition and the application of Regulation (EU) 2019/515 in the territory of a Member State
- contact details of authorities within that Member State so as to enable direct contact with these authorities, including details of the authorities responsible for supervising the application of the national technical rules applicable in the territory of that Member State
- legal remedies and procedures available in the territory of a Member State in the event of a dispute between a competent authority and an economic operator
The Product Contact Point responds to requests within 15 working days after their receipt.
The Product Contact Point does not charge a fee for providing information.
Address and contact details of the Slovenian contact point:
Slovenian Institute for Standardization, Šmartinska cesta 152, SI-1000 Ljubljana,
Phone +386 1 478 3068, E-mail: email@example.com
The Slovenian Contact point for construction products
In Slovenia the Contact point for construction products was established on 1 July 2013 with the Government Decision on the appointment of the SIST Contact Point for Construction Products by which it took over the tasks related to the requirements of Article 10 of the Regulation (EU) no. 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized conditions for the marketing of construction products and repealing Council Directive 89/106 / EEC.
Tasks of the Contact point for construction products
Under Regulation (EU) No 305/2011, each Member State ensures that their national contact point for construction products provide transparent and comprehensible information concerning provisions in force in their territory to meet the basic requirements for construction works applicable to the intended use of each construction product.
The requirement of Regulation (EU) no. 305/2011 is that the contact points for construction products carry out their tasks in such a way as to avoid conflicts of interest, in particular as regards the procedures for obtaining the CE marking.
The Contact Point for Construction Products responds to customer requests within 15 working days after their receipt.
The Contact Point for construction products does not charge any fee for providing information.
Contact details of the Slovenian contact points for construction products:
Slovenian Institute for Standardization, Šmartinska cesta 152, SI-1000 Ljubljana,
Phone: +386 1 478 3068, E-mail: firstname.lastname@example.org
Non-harmonized products area
The principle of mutual recognition is a fundamental principle of the internal market functioning. It ensures that products which are not subject to pan-European harmonized rules can, in principle, move freely within the single market if they are lawfully marketed in one Member State.
Harmonized products area
Harmonization means the unification of different legal systems that are not independent of each other. With this approach, individual Member States do not have any autonomous competence and they cannot supplement or repeal Community rules by adopting stricter or less strict national standards. The main goal of this approach is to actively support the economy in achieving its global competitiveness, a positive impact on product quality and concern for safety of consumers.
SOLVIT is a service provided by the national administration in each EU country. The aim of the service is to find solutions for individuals and organizations whose rights have been breached by public bodies of other member states. The principles governing the SOLVIT network are defined in Commission Recomendation 2013/461/EU (12) which recommends that each member state ensure the necessary human and financial resources for the national SOLVIT centre and make sure that the national SOLVIT centre operates within the SOLVIT network.
SOLVIT is an effective free-of-charge extra-judicial mechanism for problem solving. Its aim is to provide quick and practical solutions for individuals and organizations trying to overcome problems encountered in exercizing their EU rights with public authorities.
The Slovenian SOLVIT centre operates in the framework of the national SOLVIT centres network.
Ministry of Economic Development and Technology, Internal Market Directorate, Kotnikova 5, SI-1000 Ljubljana,
Phone: +386 1 400 33 60, Fax: +386 1 400 33 80, E-mail: email@example.com