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Enforcement and administrative fines by NVWA can be quite a complex field for foreign companies. In the realm of regulatory compliance, it is crucial for entrepreneurs to understand the process of enforcement in administrative fines. When an inspector from the Netherlands Food and Consumer Product Safety Authority (NVWA) visits your Dutch company and identifies a violation, a series of well-defined steps ensues. Our Dutch law firm in Amsterdam assists companies when a dispute with the regulator arises.
Enforcement by supervising authorities in the Netherlands
We have the knowledge and expertise to unburden you with regard to your products as well as regulations and procedures, including the enforcement by supervising authorities in the Netherlands. We can assist domestic and foreign companies and stand up against enforcement measures, such as administrative fines, shutting down a company or other sanctions.
This article by our Product Compliance attorneys in the Netherlands aims to shed light on the actions taken by the NVWA and provides guidance on how to navigate this process effectively.
What is the NVWA?
NVWA is an abbreviation for the Netherlands Food and Consumer Product Safety Authority (NVWA)(in Dutch: “De Nederlandse Voedsel- en Warenautoriteit”). The NVWA monitors the safety of food and consumer products, animal welfare and nature. Enforcement and administrative fines by NVWA is possible, if a Dutch company fails to comply with the regulations on the above products.
NVWA is an abbreviation for the Netherlands Food and Consumer Product Safety Authority (NVWA)(in Dutch: “De Nederlandse Voedsel- en Warenautoriteit”). The NVWA monitors the safety of food and consumer products, animal welfare and nature.
The Practice of Enforcement in Administrative Fines
Step 1: The Inspector Discusses the Violation with You
When an NVWA inspector identifies a violation during their visit to your premises, the first step is engaging in a discussion with you. The inspector will explain the nature of the violation, providing you with a clear understanding of the issue at hand. This initial conversation serves as an opportunity for you to ask questions and seek clarifications, ensuring that you are well-informed about the alleged non-compliance.
Step 2: The Inspector Prepares a Findings Report
Following the discussion, the NVWA inspector will proceed to prepare a comprehensive report of findings. This report documents the details of the violation, including any relevant evidence or observations made during the inspection. It is important to note that the findings report forms a crucial basis for the subsequent steps in the enforcement process. Therefore, it is essential for the inspector to accurately capture all pertinent information regarding the violation.
Step 3: Legal Staff at the NVWA Review the Findings Report
Once the findings report is finalized, it is submitted to the legal staff at the NVWA for thorough examination. These experienced professionals analyze the report in detail, assessing the evidence presented and considering the legal implications of the violation. Their expertise ensures that the subsequent actions taken by the NVWA are in accordance with applicable laws and regulations. This review process guarantees a fair and objective evaluation of the findings before proceeding further.
Step 4: Provisional Fine: Notice of Intent to Impose a Fine
Upon completion of the legal review, you will receive a provisional fine from the NVWA, commonly referred to as the “Notice of Intent to Impose a Fine.” This communication outlines the amount of the proposed fine and provides a comprehensive explanation of the reasons behind its imposition. It is crucial to carefully review this notice, as it represents an opportunity for you to take appropriate action in response to the alleged violation.
Step 5: Submitting a Statement of Objection
In response to the provisional fine, you have the right to submit a statement of objection, known as a “zienswijze,” within a designated timeframe. This statement allows you to present your arguments, evidence, or any mitigating circumstances that may contest the imposition of the fine. It is vital to provide a well-structured and compelling statement of objection, supported by relevant documentation, to strengthen your position in the enforcement process.
Step 6: Receiving a Final Decision
After careful consideration of your statement of objection, the NVWA will issue a final decision regarding the administrative fine. This decision takes into account all relevant information, including your objections, supporting evidence, and any applicable legal provisions. It is important to note that the final decision may entail confirming, adjusting, or even revoking the provisional fine, depending on the merits of your case. The NVWA strives to ensure transparency and fairness throughout this process, taking into consideration the principle of proportionality in imposing fines.
Further Information
Should you have any additional questions or require further clarification, we encourage you to reach out to the Customer Contact Center of the NVWA. You can contact them via telephone at 0900-03 88 (standard call rates apply). Their dedicated team of professionals stands ready to assist you with any inquiries you may have.
Conclusion
Navigating the practice of enforcement in administrative fines can be a complex endeavor for entrepreneurs. However, by understanding the sequential steps involved and engaging in a proactive manner, you can effectively address alleged violations and safeguard the interests of your business. The NVWA is committed to ensuring the safety of food and consumer products, promoting animal welfare, and preserving our natural environment. By adhering to the guidelines outlined in this article, you can approach the enforcement process with confidence and strive for regulatory compliance in your entrepreneurial pursuits.
Contact our Dutch lawyers
If you have any questions or require legal assistance regarding Enforcement and administrative fines by NVWA or other supervising authorities in the Netherlands, please don’t hesitate to reach out to our knowledgeable and dedicated team at our Dutch law firm. Our Dutch lawyers are committed to providing exceptional legal services and personalized attention to address your unique needs. You can contact us through our website, via email, or by phone. Our friendly and professional staff will be more than happy to assist you and schedule a consultation with one of our expert attorneys in the Netherlands, for example a Dutch litigation attorney or contract lawyer in the Netherlands in Amsterdam. We look forward to the opportunity to help you navigate the complexities of the legal landscape and achieve the best possible outcomes for your case.
Contact person: Remko Roosjen | attorney-at-law
Office number: +31 (0)20 – 210 31 38
remko.roosjen@maakadvocaten.nl
The content provided on this legal blog is intended for general informational purposes only and should not be construed as legal advice or a substitute for professional legal counsel. While we strive to ensure the accuracy and timeliness of the information presented, we cannot guarantee its completeness or applicability to your specific circumstances. We encourage you to consult with a qualified attorney for advice regarding your individual legal matters. The content on this blog may be subject to changes or updates without notice, and we disclaim any responsibility for any errors or omissions in the information provided.
