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If a product or product type has already been admitted in another EU Member State, the Dutch government may not prohibit its sale in the Netherlands. Even if the product has been made according to technical standards that differ from Dutch standards. Dutch government agencies may only prohibit a product or product type or withdraw it from sale if consumer protection or environmental protection issues arise.
Procedural requirements for denying mutual recognition
If a government agency in a Member State wishes to deny mutual recognition of a particular product, they must follow the procedure under the EU regulation on mutual recognition for the free movement of goods:
- The government agency (e.g. the Netherlands Food and Consumer Safety Authority or the Human Environment and Transport Inspectorate) will inform the manufacturer or seller of the product in writing of a proposal to prohibit or withdraw a particular product or product type from trade.
- They have 20 working days to respond to this proposal. During this period the product or product type may remain on the market.
- The government agency will take a final decision within 20 working days after the expiry of the response period. In doing so, the government organisation will take their views into account.
- If they disagree with the government agency’s final decision, they can lodge a formal objection or submit an appeal.
Product Contact Point (PCP)
Every Member State has a Product Contact Point (PCP) for mutual recognition of products. If you want more information about the technical rules that apply to a specific type of product in any given Member State, please contact that Member State's PCP. For more information about the requirements in the Netherlands, contact the Dutch Product Contact Point.