5 Current application of mutual recognition
In sections 3 and 4, the legal basis for Article 10(1) of Regulation (EC) No 391/2009, and the question of how general EU law principles shape its interpretation, were examined. This part builds on that discussion by focusing on how the EU ROs implement mutual recognition in practice. We first introduce the current mutual recognition system and highlight its underlying “safety pyramid” approach. We then consider how technological developments influence the feasibility and future scope of mutual recognition, before analysing the EU ROs’ approach in light of relevant legal provisions. In closing, we address competition law concerns that further complicate the mutual recognition scheme.