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. This is called mutual recognition.
Mutual recognition ensures market access for goods that are not, or only partly, subject to EU harmonisation legislation. Its rules are defined in the EU Regulation on the mutual recognition of goods lawfully marketed in another Member State.
Mutual recognition declaration
If you already sell a product in an EU-country, in principle it is authorised for sale in all EU-countries. You do not have to apply for permission. However, the authorities in the country you want to start selling the product, may ask you to provide more information. And they may decide to assess your product. A mutual recognition declaration can help you in such cases. You are allowed to sell your products freely during the assessment period.
Procedural requirements for denying mutual recognition
Dutch government agencies that observe compliance with product requirements can prohibit a product a product or product type or withdraw it from sale. These agencies are:
- the Netherlands Food and Consumer Safety Authority (NVWA)
- the Human Environment and Transport Inspectorate (ILT)
- the Radiocommunications Agency
- the Netherlands Labour Authority (NLA)
- the Health and Youth Care Inspectorate (IGJ)
They may only do so if consumer protection or environmental protection issues arise. In such cases they must follow the procedure under the EU regulation on mutual recognition for the free movement of goods:
- The government agency wants to prohibit or withdraw a particular product or product type from trade. The agency will inform you in writing.
- You have at least 15 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 your views into account.
- Do you disagree with the government agency’s final decision? You can lodge a formal objection or submit an appeal.
If you think that national authorities have wrongly refused or restricted your products' access to their country's market, you can request assistance from SOLVIT. Every European country has its own SOLVIT service. They aim to find solutions within 10 weeks and services are free of charge.
Product Contact Point (PCP)
Every Member State has a Product Contact Point (PCP) for mutual recognition of products. The PCP provides advice free of charge should you have any questions relating to the mutual recognition of goods (or in Dutch). They should do so within 15 days. You can also contact a Member State’s PCP if you want more information. For instance, if you want to know about the technical rules or administrative procedures that apply to a specific product in any given Member State. On request, a PCP tells you if a product needs to be authorised under national law before you can bring it to market in that country.