EU declaration of conformity 

The EU declaration of conformity is a document that acknowledges compliance of the product with the essential requirements. Each New Approach directive provides for different requirements for a declaration of compliance dedicated to specified products. A typical EU declaration of conformity consists i.a. of the wording: EU DECLARATION OF CONFORMITY, date of issue, product model/product (product, type, batch and series number), name and address of the manufacturer or their authorised representative, information that the declaration of conformity is issued under the sole responsibility of the manufacturer, subject of the declaration (product identification that makes it possible to track its history back; it may contain a sufficiently clear colour image), reference to specific provisions, reference to the essential provisions, additional information (e.g. reference to the activities of the notified body, if it participated in the certification process), signature of the person representing the company (owner or representation specified in the National Court Register).

The declaration of conformity is a document issued by the manufacturer of the product or their authorised representative and constitutes an independent legally binding commitment stating that the product complies with the essential requirements of the relevant directive. A manufacturer is obliged to issue a declaration of conformity for CE-marked products. In contrast, a product subject to conformity assessment but without an EU declaration of conformity may not be placed on the market or put into service within the EU. A contratio it should be assumed that every CE-marked product with the EU declaration of conformity issued meets all requirements provided for in EU legislation, and thus should be released for distribution on the European market covering all Member States.

The principle of mutual recognition

Notwithstanding the New Approach directives, the principle of mutual recognition, based on the case law of the Court of Justice of the European Union, is applicable in the EU. Its primary function is to ensure the principle of free movement of goods within the internal market. In line with this principle a product, which has been manufactured and marketed in accordance with the regulations in force in the country of origin, must be allowed to move freely and access to the national markets of all EU Member States. In practice, this means that no Member State can prohibit sale of products in its territory which have been lawfully placed on the market in another Member State, even if those products were manufactured in accordance with technical rules other than those governing the national products. It should be noted that the principle of mutual recognition is applicable to the admissibility of the so-called non-harmonized products, i.e. the ones that are not subject to the New Approach directives. As far as the products referred to in the directives are concerned, the principle of mutual is implemented by the harmonisation of the European market postulated and introduced to the Community order precisely under the directives harmonising the European market. Therefore, it is unacceptable to refuse to admit a product to the market of a Member State that has the required marking, since another Member State is obliged to allow free movement even of products without such a marking which have been authorised in the country of origin.