Tech Watch: Dutch Commodities Act Amended to Enforce EU GPSR – Action Required for Consumer Products
On 3 June 2025, the Netherlands officially updated its Commodities Act via Regulation No. 4115924-1082476-WJZ, issued by the Dutch Ministry of Health, Welfare, and Sport. This amendment demonstrates the implementation of the EU General Product Safety Regulation (EU 2023/988) in a single EU Member State, aligning Dutch national law with the broader EU framework, which covers all EU Member States.
Key Changes in the Dutch Amendment
The update primarily:
- Repeals Articles 1 to 3 of the Dutch Commodities Act, as their provisions, are now directly covered by the EU GPSR.
- Clarifies enforcement powers for the Netherlands Food and Consumer Product Safety Authority (NVWA).
- Strengthens product safety rules for both online and offline consumer products, including apparel, footwear, accessories, electronics, and children’s goods.
Key Definitions (per GPSR scope)
- Consumer Product: Any product intended for or likely to be used by consumers under reasonably foreseeable conditions (new, refurbished, or second-hand).
- Economic Operators: Manufacturers, importers, distributors, and authorised representatives involved in placing products on the EU market.
- Online Marketplace: Digital platforms facilitating third-party product sales, now covered under expanded obligations.
Compliance Requirements
- For Manufacturers, Importers, and Distributors:
- Ensure all consumer products placed on the market are safe under normal and foreseeable use.
- Maintain technical documentation and risk assessments.
- Affix appropriate identifiers (e.g., batch number) and contact details on the product or packaging.
- Ensure recall readiness and consumer notification mechanisms.
- For Online Marketplaces:
- Cooperate with authorities in removing unsafe listings.
- Display the name and contact details of the responsible economic operator on listings.
- Display information allowing the identification of the product, including a picture of it, its type and any other product identifier; and any warning or safety information to be affixed to the product or to the packaging or included in an accompanying document.
- Must respond to authorities within tight timelines for product safety requests.
Language-Specific Obligation (Netherlands Only)
While the EU GPSR mandates that safety information be understandable by consumers, the Netherlands explicitly requires that warnings, instructions, and other safety-related labelling be provided in Dutch. This is particularly relevant for global brands navigating the complexities of multi-language labelling due to space constraints, cost management, and local compliance priorities in different markets. Therefore, brands should review product labels, hangtags, and inserts to ensure compliance with local language requirements.
Enforcement
The Netherlands Food and Consumer Product Safety Authority (NVWA) is the designated enforcement body, with expanded powers to:
- Conduct market surveillance
- Impose fines or recalls
- Publish alerts through the EU Safety Gate (RAPEX) portal
What You Should Do
- Review Labeling: Ensure Dutch-language safety information is included where applicable.
- Verify Traceability: Confirm products carry clear batch/lot IDs and responsible party details.
- Audit Risk Assessments: Align safety evaluations with current use cases and intended users.
- Check Online Listings: Ensure compliance with GPSR visibility requirements.
- Align with EU-Wide Requirements: This update does not introduce stricter rules beyond GPSR but reinforces them nationally.
Additional Resources
- EU Regulation (EU) 2023/988 on General Product Safety
- Dutch Commodities Act Overview
- Dutch Regulation No. 4115924-1082476-WJZ (2025)
Enquiry
For questions and additional information, please contact Anna Nebot (anna.nebot@cpt.eurofinseu.com) or Dr Pratik Ichhaporia (pratik.ichhaporia@cpt.eurofinsus.com, +1-669-837-2257) or Sravanth Kanukuntla (sravanth.kanukuntla@cpt.eurofinsus.com,+1-862-505-8470).