NETHERLANDS Law and Practice Contributed by: Eva Schothorst-Gransier, Claims Made Advocatuur
1. Product Safety 1.1 Product Safety Legal Framework Product safety laws in the Netherlands are mainly based on European legislation. Separate regimes exist for medical devices, pharmaceu - ticals, and food. In addition, harmonised legis - lation applies to sector-specific products such as cosmetics, toys, radio equipment, and motor vehicles. For consumer products that fall outside the scope of the sector-specific regime, the (new) European General Product Safety Regulation 2023/988 (GPSR) applies. The GPSR replaces the General Product Safety Directive 2001/95/ EC and Directive 87/357/EEC regarding prod - ucts resembling foodstuffs. It is binding in all its parts and is directly applicable across the Euro - pean Economic Area, including the Netherlands. The GPSR aims to ensure an even higher level of consumer protection and improve the func - tioning of the internal European market regard - ing products intended for consumers. From 13 December 2024, all non-food consumer prod - ucts put on the market must comply with the GPSR. Sector-specific directives and regula - tions with the same objective remain in place. The GPSR will only apply to those aspects and risks or categories of product risks not covered by those sector-specific regulations. European product legislation is implemented within the revised Dutch Commodities Act ( Warenwet ), the Decree on the Implementation of the GPSR and the Accreditation Regulation of 2 December 2024 ( Warenwetbesluit uitvoering verordening algemene productveiligheid en ver- ordening inzake accreditatie ) and sector-specific Product Safety decrees, such as those applica - ble for cosmetics products, toys and machin -
ery, etc. For food, the Dutch Commodities Act applies, as well as specific Commodities Act decrees. Since 2021, Market Surveillance Regulation (EU) 2019/1020 ( Verordening Markttoezicht ) has applied for non-food consumer products subject to the “Union harmonisation legislation” shown in Annex I of the Regulation, in so far as there are no specific provisions with the same objective in the Union harmonisation legislation that more specifically regulate particular aspects of market surveillance and enforcement. 1.2 Regulatory Authorities for Product Safety There are several Regulatory Authorities in the Netherlands that are designated to supervise product safety, as follows. NVWA The Netherlands Food and Consumer Product Safety Authority ( Nederlandse Voedsel- en Ware- nautoriteit , or NVWA) is the main designated responsible authority for consumer products (including food). RDI The Dutch Authority for Digital Infrastructure ( Rijksinspectie Digitale Infrastructuur , or RDI) is the supervising Authority for products related to telecom, radio equipment, and 5G. It is responsi - ble for obtaining and allocating frequency space and monitoring its use. The agency’s work cov - ers the entire field of wireless and wired com - munication. ILT The Dutch Human Environment and Transport Inspectorate ( Inspectie Leefomgeving en Trans- port , or ILT) is responsible for transport, infra - structure, environment and living. Its task is to
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