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Product compliance in the Netherlands means that a product meets all EU and Dutch rules that apply to it before it reaches the market. The General Product Safety Regulation (EU) 2023/988 requires that only safe consumer products are placed on the market (Articles 3(1) and 5). Where specific EU legislation requires CE marking, the manufacturer must also complete the conformity assessment and draw up the EU declaration of conformity before affixing it (reference provision R2(2) of Decision No 768/2008/EC, as taken over in that legislation; see also Article 30 Regulation (EC) No 765/2008).
What is CE Marking?
CE marking is the marking by which the manufacturer indicates that a product complies with the applicable requirements of the EU harmonisation legislation that provides for it (Article 2(20) Regulation 765/2008). It is not a certificate issued by an authority: by affixing it, the manufacturer takes responsibility for the product’s conformity (Article 30(3)).
Where a product is made does not matter, but not every product needs the mark. The CE marking may only be affixed to products for which specific EU harmonisation legislation requires it, and to no other product (Article 30(2)). A consumer product without such legislation must still be safe under the GPSR, which applies to products intended for consumers or likely to be used by them (Articles 3(1) and 5 GPSR). At MAAK Advocaten, we help businesses determine which of these rules apply to their product.
Which rules make up product compliance in the Netherlands?
Most product rules in the Netherlands are EU regulations and directives. Dutch law adds the enforcement and the sanctions. The main building blocks are:
- General product safety: the GPSR has applied since 13 December 2024; it entered into force on 12 June 2023 (Article 52). It replaced Directive 2001/95/EC (Article 50). It covers new, used, repaired and refurbished products (Article 2(3)). Where specific EU rules regulate the same risks, those rules take precedence (Article 2(1)). The GPSR also sets the rules for recalls; see product recall obligations under the GPSR.
- CE marking legislation: product-specific EU legislation sets the essential requirements, the conformity assessment and the CE marking, for example for machinery (Machinery Directive 2006/42/EC, replaced from 20 January 2027 by the Machinery Regulation (EU) 2023/1230), personal protective equipment (Regulation (EU) 2016/425) and electrical and electronic equipment (RoHS Directive 2011/65/EU). See also CE marking enforcement in the Netherlands.
- Market surveillance: Regulation (EU) 2019/1020 sets the powers of the authorities (Article 16). For many products, a business established in the EU must be available to the authorities (Article 4); for GPSR products, Article 16 GPSR contains a similar rule.
- Dutch enforcement: the Commodities Act (Warenwet) and its decrees provide the prohibitions, fines and orders. See enforcement by the NVWA.
- Liability: if a product causes damage, separate rules on product liability under Dutch law apply.
Who enforces product compliance in the Netherlands?
Supervision under the Commodities Act lies with officials designated by the minister (Section 25(1) Commodities Act). For radio equipment, the Dutch Authority for Digital Infrastructure (RDI) has been designated (designation decree, Section 1). For many consumer products, businesses deal with the Netherlands Food and Consumer Product Safety Authority (NVWA). The authority can require a business to bring a product into conformity, withdraw or recall it (Article 16(3) Regulation 2019/1020).
Dutch law prohibits breaches of the main GPSR obligations and of the CE marking rules in Article 30(1), (2) and (5) of Regulation 765/2008 (Section 2 of the Commodities Act Decree implementing the GPSR and the accreditation regulation). A breach can lead to an administrative fine (Section 32a Commodities Act). For a dangerous GPSR product, the minister can order a withdrawal or recall if the business fails to act; not complying is a criminal offence (Section 32h).
Which EU safety and health requirements apply?
Working with EU Directives and Harmonised Standards
The first step towards CE marking is identifying the EU directives and regulations, and the harmonised standards, that apply to your product. A product can fall under several of them at once; electrical products, for example, are subject to the Low Voltage Directive and the RoHS Directive 2011/65/EU. More and more of this legislation takes the form of regulations that apply directly, such as the Machinery Regulation and the PPE Regulation.
Which product-specific requirements apply?
Each product must meet the essential requirements of the legislation that applies to it. Applying a harmonised standard whose reference has been published in the Official Journal of the EU gives a “presumption of conformity” (R8 Decision No 768/2008/EC), but only for the requirements that the standard covers (see for example Article 7(2) Machinery Directive). You may also demonstrate compliance in other ways.
Attention to product descriptions and manuals is essential, especially regarding warnings and contact details. The product must show the manufacturer’s name and contact address and, for imported products, the importer’s name and address (for example Articles 9(6) and 11(3) GPSR; Article 9 RoHS Directive).
How does conformity assessment work?
Independent Conformity Assessment: When and Why?
For certain products, especially those with high safety risks, the legislation requires an independent conformity assessment by a notified body. A notified body is notified by a member state to the European Commission and the other member states (R13 Decision 768/2008/EC). Examples are PPE in category III (Article 19 PPE Regulation) and, from 20 January 2027, machinery listed in Part A of Annex I to the Machinery Regulation (Article 25(2)). For other products, such as electrical and electronic equipment under the RoHS Directive, the manufacturer carries out the assessment itself through internal production control (Article 7 RoHS Directive).
Testing for Conformity
As a manufacturer, it’s your responsibility to verify that your product meets the essential requirements, for example by testing it against the applicable harmonised standards; using those standards is voluntary. This involves a thorough risk assessment and adherence to essential requirements.
What must the technical documentation contain?
Technical documentation is a central part of the CE marking process and product compliance in the Netherlands. It’s a detailed record proving your product’s compliance. This includes drawings, specifications, test reports, and inspection certificates. You must keep it for ten years (for example Article 10(3) Machinery Regulation; under Article 9(3) GPSR, ten years after the product has been placed on the market).
Additionally, if you import from outside the EU, you must make sure that the foreign manufacturer has carried out the conformity assessment and can provide the technical documentation to the authorities upon request (R4(2) and R4(8) Decision 768/2008/EC, as taken over in the product-specific legislation).
Language and Content of Manuals
Instructions and safety information must be in a language that consumers and other end-users can easily understand, as determined by the member state where the product is sold (R2(7) Decision 768/2008/EC). For products under the GPSR, instructions, warnings, safety information and recall notices must at least be in Dutch in the Netherlands (Section 3 of the Dutch implementing decree). They must clearly instruct users, especially in hazardous scenarios, and the exact demands can vary per directive or regulation. Damage caused by a product falls under the separate rules of product liability under Dutch law.
How do you finalise CE marking?
Applying the CE Marking
The CE marking must be affixed visibly, legibly and indelibly to the product before it is placed on the market. If a notified body is involved in the production control phase, its identification number follows the CE marking (R12 Decision 768/2008/EC).
EU Declaration of Conformity
The EU declaration of conformity comes before the CE marking: once conformity has been demonstrated, the manufacturer draws up the declaration and only then affixes the marking (R2(2) Decision 768/2008/EC). By drawing up the declaration, the manufacturer takes responsibility for the product’s compliance (R10). Some legislation requires the declaration to accompany the product, such as machinery (Article 5(1)(e) Machinery Directive). Under the RoHS Directive, the importer keeps a copy for ten years (Article 9).
Frequently asked questions about product compliance in the Netherlands
What does product compliance mean?
Product compliance means that a product meets every legal requirement that applies to it when it is placed on the market: for consumer products the general safety requirement of the GPSR (Article 5), the product-specific EU legislation (including CE marking where required) and the Dutch rules that enforce them, mainly under the Commodities Act. The business that places the product on the market must be able to show this to the authorities.
Is CE marking mandatory for all products?
No. CE marking is mandatory only for products for which specific EU harmonisation legislation requires it, such as machinery, personal protective equipment and electrical and electronic equipment. The marking may not be affixed to any other product (Article 30(2) Regulation 765/2008). Consumer products without CE legislation must still be safe under the GPSR (Articles 3(1) and 5 GPSR).
What is proof of product compliance?
The main proof is the EU declaration of conformity, by which the manufacturer takes responsibility for compliance (R10 Decision 768/2008/EC), together with the technical documentation, which the manufacturer keeps for ten years. Where a notified body is involved, for example through EU type-examination, its findings are part of that proof. Under the GPSR, the manufacturer must also prepare technical documentation based on an internal risk analysis (Article 9(2) GPSR).
Is there a RoHS certification in the Netherlands?
The RoHS Directive does not require a certificate from an authority. The manufacturer applies internal production control (module A), draws up the EU declaration of conformity and affixes the CE marking (Article 7 Directive 2011/65/EU). The equipment may not contain the restricted substances above the maximum concentration per homogeneous material: 0.1% for lead, mercury, hexavalent chromium, PBB, PBDE and four phthalates, and 0.01% for cadmium (Article 4 and Annex II, as replaced by Delegated Directive (EU) 2015/863). Exemptions are listed in Annexes III and IV.
What happens if a product is wrongly marked with CE?
Misleading markings are prohibited, and member states set the sanctions, which can be criminal for serious infringements (Article 30(5) and (6) Regulation 765/2008). In the Netherlands, the prohibition is in Section 2(3) of the Dutch implementing decree. Under the version of the Commodities Act Administrative Fines Decree in force since 7 August 2026, the fine is €525 (50 or fewer employees) or €1,050 (more than 50 employees), or a turnover-related fine for businesses with a turnover of at least €10 million (Section 3 and annex item B-1.2). See CE marking enforcement in the Netherlands.
Primary sources
- General Product Safety Regulation (EU) 2023/988, Articles 2, 5, 9, 11, 16, 50 and 52
- Regulation (EC) No 765/2008: Articles 2(20) and 30; Decision No 768/2008/EC, Annex I, reference provisions R2, R4, R8, R10, R12 and R13
- Regulation (EU) 2019/1020 on market surveillance, Articles 4 and 16
- Machinery Directive 2006/42/EC, Articles 5(1) and 7(2); Machinery Regulation (EU) 2023/1230, Articles 10(3), 25(2) and 54; PPE Regulation (EU) 2016/425, Article 19
- RoHS Directive 2011/65/EU, Articles 4, 7 and 9 and Annex II; Delegated Directive (EU) 2015/863
- Dutch Commodities Act (Warenwet): Sections 25, 32a and 32h
- Commodities Act Decree implementing the GPSR and the accreditation regulation (Warenwetbesluit uitvoering verordening algemene productveiligheid en verordening inzake accreditatie), Sections 2 and 3
- Commodities Act Administrative Fines Decree (Warenwetbesluit bestuurlijke boeten), Section 3 and annex item B-1.2
- Decree designating supervisors for general product safety in the field of Economic Affairs (radio equipment), Section 1
Sources checked on 25 October 2026.
At MAAK Advocaten, we advise businesses on EU product rules and CE marking: which legislation applies to a product, which documentation is needed and how to respond when a Dutch authority takes action. Please contact us if you have questions about the compliance of your product.
