Product Contact Point
Under Article 9 of Regulation (EU) 2019/515 Product Contact Points must be set up and maintained in the Member States.
The Product Contact Point facilitates communication between the national government and economic operators, acting as a gateway for the latter.
Specifically, the Product Contact Point needs to provide information on the principle of mutual recognition and the relevant authorities for direct online contacting.
The Product Contact Point is an assistance and problem-solving service as defined in the list of Article 2 (2) c of Regulation (EU) 2018/1724.
The Product Contact Point does not charge any fees for its provision of information.
| Product | Institution | Link to statute | Contact |
|---|---|---|---|
|
General issues and products not included in the product types listed below |
Citizens Service at the Federal Ministry of Labour and Economy |
Information given upon request |
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|
Electric devices of a nominal voltage of less than 50 V or more than 1000 V AC; or less than 75 or more than 1500 V DC, safety aspects of electricity meters, household plugs, electric fence chargers, except electric devices for use in an explosive atmosphere, electromedical equipment, radio and telecoms terminals and electrically operated machines |
Federal Ministry of Labour and Economy VI/A/3 |
Federal Act governing safety measures, normalisation and standardisation in electric engineering (Elektrotechnikgesetz 1992 – ETG 1992) Federal Law Gazette 106/1993 as amended Ordinances |
|
|
Housings for electric HV circuit breakers, vacuum containers |
Federal Ministry of Labour and Economy VI/A/2 |
Federal Act governing safety of pressurised devices (Druckgerätegesetz) Federal Law Gazette I no. 161/2015 as amended Ordinances |
|
|
Metrological meters |
Federal Ministry of Labour and Economy VI/A/4 Federal Office of Metrology and Surveying |
Federal Act of 5 July 1950 governing metrology and calibration (Maß- und Eichgesetz – MEG) Federal Law Gazette 152/1950 as amended |
|
|
Prepackagings |
Federal Office of Metrology and Surveying |
Ordinance of the Federal Ministry of Economic Affairs concerning prepackaging (Fertigpackungsverordnung – FPVO 1993) Federal Law Gazette 867/1993 as amended |
|
|
Handguns |
Federal Ministry of Labour and Economy VI/A/3 |
Federal Act of 20 June 1951 governing the obligatory testing of all handguns and cartridges (Beschußgesetz) Federal Law Gazette 141/1951 as amended Ordinances |
|
|
Foodstuff |
Federal Ministry of Social Affairs, Health, Care and Consumer Protection IX/B/16a |
Federal Act governing safety requirements and other requirements to be met by foodstuff, articles of daily use and cosmetics to protect consumers (Lebensmittelsicherheits- und Verbraucherschutzgesetz – LMSVG) Federal Law Gazette I no. 13/2006 as amended |
|
|
Dietary supplements |
Federal Ministry of Social Affairs, Health, Care and Consumer Protection IX/B/16a |
||
|
Articles of daily use |
Federal Ministry of Social Affairs, Health, Care and Consumer Protection IX/B/14 |
Federal Act governing safety requirements and other requirements to be met by foodstuff, articles of daily use and cosmetics to protect consumers (Lebensmittelsicherheits- und Verbraucherschutzgesetz – LMSVG) Federal Law Gazette I no. 13/2006 as amended |
|
|
Cosmetics |
Federal Ministry of Social Affairs, Health, Care and Consumer Protection IX/B/14 |
Federal Act governing safety requirements and other requirements to be met by foodstuff, articles of daily use and cosmetics to protect consumers (Lebensmittelsicherheits- und Verbraucherschutzgesetz – LMSVG) Federal Law Gazette I no. 13/2006 as amended |
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|
Tobacco |
Federal Act governing the production and marketing of tobacco products and related products, and advertising for tobacco products and related products, and protection of non-smokers (Tabak- und Nichtraucherinnen- bzw. Nichtraucherschutzgesetz – TNRSG) |
||
|
Precious metals and hallmarks |
Federal Ministry of Finance III/6 |
Federal Act enacting a Federal Act governing the hallmarking and checking of precious metal objects (Punzierungsgesetz 2000; Federal Law Gazette I no. 24/2001 as amended) and amending the Introductory Law on the Administrative Procedures Act of 1991 Ordinances |
|
|
Fertilisers |
Federal Law Gazette 513/1994 |
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Soil additives |
Federal Law Gazette 513/1994 |
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Culture substrates |
Federal Law Gazette 513/1994 |
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Plant additives |
Federal Law Gazette 513/1994 |
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Motor vehicles and trailers |
Federal Ministry for Climate Action,Environment, Energy, Mobility, Innovation and Technology St5 |
Federal Act of 23 June 1967 governing automotive engineering (Kraftfahrgesetz 1967 – KFG 1967), Federal Law Gazette 267/1967, most recently amended by Federal Law Gazette no. 104/2019 (legally non-binding consolidated version: KFG 1967) |
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|
Furniture |
Federal Ministry of Social Affairs, Health, Care and Consumer Protection, Department III/2 |
Federal Act governing protection from hazardous products (Product Safety Act of 2004 – PSG 2004), Federal Law Gazette I no. 16/2005 as amended |
|
|
Textiles |
Federal Ministry of Social Affairs, Health, Care and Consumer Protection, Department III/2 |
Federal Act governing protection from hazardous products (Product Safety Act of 2004 – PSG 2004), Federal Law Gazette I no. 16/2005 as amended |
Procedure according to Article 5 – Assessment of goods
The competent authority of the Member State of destination establishes whether the goods or goods of that type are lawfully marketed in another Member State. In doing so, it may contact the economic operator concerned. Already when carrying out the assessment pursuant to Article 5 (1) of Regulation (EU) 2019/515, the economic operator is allowed to make the goods available on the market in the Member State of destination and may continue to do so unless the economic operator receives an administrative decision restricting or denying market access for those goods.
However, this does not apply when the assessment is carried out within the framework of a prior authorisation procedure or when the competent authority temporarily suspends the making available on the market of the goods that are subject to the assessment.
Para 4 regulates how the authority proceeds when a mutual recognition declaration has been submitted.
If no such declaration has been supplied, the economic operator needs to furnish the following documents and information required for assessment, within 15 working days after the competent authority’s request: characteristics of the goods in question; and lawful marketing of the goods in another Member State.
Administrative decisions always need to be duly reasoned, lawful and appropriate, and in accord with the principle of proportionality, and the competent authority is required to choose a decision that is least restrictive.
Appeal
In the event of a dispute between the competent national authority and an economic operator regarding an administrative decision, the economic operator may have recourse to appeals.
The concrete appeal available against the decision of a national authority is specified in the instructions concerning the time and manner of appealing the decision set down in the relevant decision.
For further information see the General Administrative Proceedings Act of 1991 (Allgemeines Verwaltungsverfahrensgesetz 1991 AVG).
Moreover, recourse may be had to SOLVIT, a problem solving network.
SOLVIT
Article 8 of Regulation (EU) 2019/515 provides that in cases of doubt whether the administrative decision is compatible with the principle of mutual recognition, the European Commission may be requested to have one of the SOLVIT Centres investigate the matter. After its assessment, the European Commission is to issue an opinion which is to be communicated via the relevant SOLVIT Centre to the economic operator and the competent authorities and which is to be considered within the frame of the SOLVIT procedure. Action on the part of the European Commission is not necessary when the case is solved within 45 working days.
Special product contact point for construction products
A separate product contact point has been established for construction products: Österreichisches Institut für Bautechnik (Austrian Institute of Construction Engineering).
For a list of product contact points in the Member States see: ec.europa.eu/growth/single-market/goods/free-movement-sectors/mutual-recognition/contacts-list_en.
Finding a product in TARIC:
Further information
- Declaration of mutual recognition
- Mutual recognition declaration for the purposes of Article 4 of Regulation (EU) 2019/515 of the European Parliament and of the Council
- Guidance document for the application of 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
- The application of the mutual recognition regulation to food supplements (Training material for authorities)
Contact
Division for Legal-Technical Service: produktinfostelle@bmaw.gv.at