A product may only enter the European market once it meets the applicable requirements. That sounds simple, but the practice is more complex. What rules apply to your product? Who in the supply chain is responsible for what? And what are the consequences if a product turns out not to comply?
A multitude of rules
The requirements for products stem from a combination of European and national legislation. Many products are subject to CE marking, a declaration by the manufacturer that the product meets the applicable European directives on safety, health and the environment. CE marking is not a mark of approval granted by a third party, but a self-declaration, with all the responsibility that comes with it.
As of 13 December 2024, the new European General Product Safety Regulation (GPSR) also applies, replacing the former Product Directive. This regulation sets stricter requirements for traceability, online sales and the obligations of online marketplaces. The Dutch Commodities Act (Warenwet) also sets requirements for the safety, composition and labelling of products placed on the market.
Labelling: more than a formality
Alongside product safety, strict rules apply to what must appear on the packaging or label. Depending on the product, this includes warnings, material and origin indications, instructions for use, and the contact details of the manufacturer or importer. Incorrect or incomplete labelling can lead to enforcement action by the Dutch Food and Consumer Product Safety Authority (NVWA), as well as liability towards customers or consumers.
Who is responsible for what?
European product legislation applies a chain of responsibility. The manufacturer bears primary responsibility for a product’s conformity. But importers and distributors also have their own obligations: they may not place products on the market that they know, or should have known, do not meet the applicable requirements. If there is a shortcoming in the chain, more than one party can be held liable.
What if something goes wrong?
The consequences of non-compliance are significant. Think of a recall, withdrawal of products from the market, or publication of enforcement decisions. Competitors can also hold you accountable: a non-compliant product can be considered unfair competition towards parties that do comply with the rules.
Good Law advises manufacturers, importers and distributors on the applicable requirements, reviews packaging and labels before launch, and supports you when the regulator comes knocking or a dispute threatens. That way you know where you stand in advance, not only once the products are already on the shelves.
Want to know more? Visit our compliance expertise page.
