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Vehicle type approval in the EU is governed by Regulation (EU) 2018/858. It makes the manufacturer answerable for the approved type and gives importers and dealers their own duties when a vehicle turns out not to comply. As a product law lawyer at MAAK Advocaten N.V. in Amsterdam, my first step is to establish which role you have in the chain: that role decides what you must check, report and do.
See also our overviews of product compliance in the Netherlands and EU product law.
Who is responsible for EU vehicle type approval?
The manufacturer is responsible to the approval authority for all aspects of the approval procedure and for conformity of production (Article 13(2) of Regulation (EU) 2018/858). Importers and distributors have separate duties in Articles 16 to 19.
The Regulation has applied since 1 September 2020 (Article 91). It names four economic operators: manufacturer, the manufacturer’s representative, importer and distributor (Article 3, point 44). Who you are in that chain decides what you must check, report and do. Two- and three-wheel and agricultural vehicles fall outside this article.
An importer is a person established in the Union who places a vehicle made in a third country on the market (Article 3, point 42). A company outside the EU is therefore not an importer, and neither is it a representative, because that representative must be established in the Union (Article 13(4)).
Why does a manufacturer outside the EU need a representative?
A manufacturer established outside the Union appoints a single representative established in the Union to represent it before the approval authority, and a single representative for market surveillance, who may be the same person (Article 13(4)).
The mandate has minimum content. The representative has access to the type-approval certificate and the certificate of conformity for the retention periods, supplies information to the approval authority on a reasoned request, cooperates with authorities on a serious risk, and passes on complaints to the manufacturer immediately. It may end the mandate without penalty if the manufacturer acts contrary to its obligations under the Regulation (Article 15(1)).
What exporters outside the EU often get wrong is the assumption that a Dutch partner automatically takes over responsibility for type approval and recalls. The Regulation asks for a representative established in the Union, for type approval and for market surveillance. My advice: decide before the first sale who that representative will be, and record the role in the contract with your Dutch importer or distributor.
What must an importer check before placing a vehicle on the market?
Before placing a type-approved vehicle on the market, the importer verifies that it is covered by a valid EU type-approval certificate and that it is accompanied by the required certificate of conformity (Article 16(2)). A non-conforming vehicle may not be placed on the market, put into service or registered until it conforms (Article 16(3)).
For components and separate technical units the importer also checks the type-approval mark. Importers must keep a record of complaints and recalls and keep their distributors informed of them (Article 16(7)). On a reasoned request from a national authority, they provide the information and documentation needed to show conformity, in a language the authority can easily understand (Article 17(4)).
In the Netherlands, vehicles and parts may be placed on the market or made available only after approval, after approval with an exemption or dispensation, or after a permit has been granted (Article 21(1) of the Wegenverkeerswet 1994, the Dutch Road Traffic Act). The RDW (Dienst Wegverkeer) performs the tasks of the approval authority referred to in Article 4b(1)(a) of that Act. For a wider view of the route to the market, see selling products in the EU.
When does an importer or distributor count as the manufacturer?
An importer or distributor is treated as the manufacturer, with the duties of Articles 8, 13 and 14, if it makes a vehicle available on the market or puts it into service under its own name or trademark, or modifies it so that it may no longer comply (Article 20(a)).
For your Dutch partner this may not be what you intended. A distributor that sells a vehicle under its own name or trademark, or modifies it so that it may no longer comply, is treated as the manufacturer and takes on the duties of Articles 8, 13 and 14, including the corrective measures of Article 14. Article 20(b) adds a second case for systems, components and separate technical units approved under a UN approval granted to a manufacturer outside the Union, where no representative in the Union can be identified.
Who recalls: manufacturer, importer or authority?
The manufacturer comes first. If a vehicle already on the market does not conform, or the approval rests on incorrect data, the manufacturer immediately takes the corrective measures needed: bring it into conformity, withdraw it or recall it, as appropriate (Article 14(1)).
The manufacturer also informs the approval authority that granted the approval, in detail and immediately. The Regulation gives no number of hours or days. The other operators follow, each with their own duties:
| Role | Non-conformity | Serious risk | Article |
|---|---|---|---|
| Manufacturer | Corrective measures, withdrawal or recall; inform the approval authority | Detailed information to approval and market surveillance authorities | 14(1), 14(2) |
| Importer | Corrective measures under the manufacturer’s supervision, withdrawal or recall; inform manufacturer and approval authority | Detailed information to manufacturer and authorities | 17(1), 17(2) |
| Distributor | Inform manufacturer, importer and approval authority; do not make available until conforming | Detailed information to manufacturer, importer and authorities | 19(1), 19(3) |
The authorities can act too. After an evaluation, a market surveillance authority requires the operator to take all appropriate corrective measures, without delay where there is a serious risk. If the measures are inadequate or the risk requires rapid action, national authorities take provisional restrictive measures, including withdrawal or recall (Article 52(1) to (3)).
EU type approval is no immunity. Member States may in principle not impede conforming vehicles; the exceptions include the safeguard cases of Chapter XI, Articles 51 to 56 (Article 6(5)). The Regulation uses “recall” in Articles 14, 17 and 52 without defining it separately. For the general recall regime for consumer products, see recall under Dutch law and product recall in the Netherlands.
If you are unsure who must act in your situation, put it to me through our product law partner in the Netherlands.
Who pays for a vehicle recall?
The Regulation answers only part of that question. A corrective measure that is justified under the Article 53 procedure, or imposed by an implementing act, is free of charge for holders of registrations, and the manufacturer reimburses repairs they paid for in advance, up to the cost of the prescribed measure (Article 53(8)).
That rule does not extend to every manufacturer recall, and it says nothing about who bears costs between manufacturer, importer and dealer. That is for your contract.
The agreement that makes the most difference is who informs whom when a complaint or non-conformity appears, who recalls or repairs, within what period, and who bears the cost of repair, replacement transport and stock. The Regulation settles the costs only towards the holder of the registration; who carries the rest, we settle in the contract. I advise a working agreement on information, period and costs, with any guarantee limited to what the manufacturer can know, over a blanket guarantee that every vehicle always complies: that is rarely worth much in a recall.
What do you do when an authority asks for information?
Read what exactly is requested, by whom and about which vehicle. Economic operators must identify their suppliers and customers on request of an approval or market surveillance authority, for 10 years after placing a vehicle on the market and 5 years for other products (Article 21).
A manufacturer provides a copy of the type-approval certificate on a reasoned request from a national authority, in a language the authority can easily understand (Article 14(4)). The importer provides the documentation needed to show conformity (Article 17(4)).
First read calmly what is asked, by whom, and which vehicle or party it concerns. Then gather the documents: certificate, certificate of conformity, the contract with your supplier, data on suppliers and customers. I respond for the company with the documents that exist and say what we are still investigating. A late, incomplete response often costs more than an honest one with a clear plan. If a measure is announced, we prepare the written view (zienswijze) together.
What can you arrange yourself, and when do you need a lawyer?
Technical requirements, tests, certificates and documentation are work for your homologation department, a type-approval consultant or the technical service. A lawyer is needed when the question is about roles, contract or authority.
You need a lawyer once it is about your role in the chain, the contract or the authority: you sell through a partner that sells under its own name, you need a representative in the Union, a recall affects the stock of your importer, or an authority asks for information. Do not wait until a letter arrives.
| Your situation | What is at stake | Why a lawyer, not only a homologation consultant | What we do in the first days |
|---|---|---|---|
| You sell through a Dutch importer | One representative for approval and one for market surveillance (Art. 13(4)); mandate minimum and termination right (Art. 15(1)) | The mandate and the importer agreement are contract work | Draft and review the mandate and the importer or distributor agreement |
| A complaint or recall comes from the Netherlands | Immediate measures and report to the approval authority (Art. 14); importer acts under your supervision (Art. 17(1)) | What you report and to whom decides your position later | Order the documents, agree the report and next steps with your importer |
| An authority or customer asks who pays | Free of charge for holders of registrations only in Art. 53(8) cases | The remainder is contractual | Set the split of roles and costs in the contract |
Example: a manufacturer in Asia and its importer in Rotterdam
A manufacturer outside the EU sells commercial vehicles through an importer in Rotterdam, which supplies Dutch dealers. A dealer reports a complaint that suggests a vehicle does not match its approval. The dealer informs the manufacturer (Article 18(2)) and the importer.
The manufacturer has to examine the complaint (Article 13(7)); where a vehicle on the market does not conform, it acts immediately and informs the approval authority (Article 14(1)). The importer takes corrective measures under its supervision (Article 17(1)). The importer then asks who bears the cost of replacement transport and stock. The Regulation does not answer that; the contract does, and here it has no clause on it.
This is a hypothetical example for illustration, not a description of an actual case.
How does MAAK Advocaten work on vehicle type approval matters?
MAAK Advocaten acts for manufacturers outside the EU and their Dutch importers and dealers: representative mandates, importer and distributor agreements, coordination of a recall, contact with authorities, objection and appeal. In the first days we read the contract and the documents and set out your position under Articles 13 to 21. The technical approval stays with your homologation team.
Is a Dutch importer asking you for a mandate, a recall protocol or a cost indemnity? We can set out your role under Regulation 2018/858 and the contract before you sign: contact our product law partner in the Netherlands.
Frequently asked questions about vehicle type approval in the EU
Who is responsible for a vehicle recall under Regulation 2018/858?
The manufacturer is the main addressee: where a vehicle on the market does not conform, it immediately takes the corrective measures needed, such as withdrawal or recall, and informs the approval authority (Article 14(1)). The importer takes corrective measures under the manufacturer’s supervision and informs the manufacturer and the approval authority (Article 17(1)); the distributor informs and stops making available (Article 19).
Does a manufacturer outside the EU need a representative in the EU?
Yes. It appoints a single representative established in the Union for EU type approval and one for market surveillance; they may be the same (Article 13(4)). A company outside the EU is itself not an importer, which must be established in the Union (Article 3, point 42).
Is there a deadline for reporting a non-conformity?
Not in days or hours. Article 14(1) requires the manufacturer to act and to inform the approval authority immediately, and Article 14(2) requires immediate information on a serious risk. Article 14 sets no other period.
Who pays for a recall of a type-approved vehicle?
The Regulation settles costs only in Article 53(8): a justified measure from the Article 53 procedure is free of charge for holders of registrations, and the manufacturer reimburses repairs paid in advance up to the cost of that measure. Other costs between manufacturer, importer and dealer follow the contract.
When does a dealer or importer count as a manufacturer?
When it sells or puts a vehicle into service under its own name or trademark, or modifies it so that it may no longer comply (Article 20(a)). It then carries the duties of Articles 8, 13 and 14.
Primary sources
- Regulation (EU) 2018/858 (type approval and market surveillance of motor vehicles): Articles 3, 6, 13 to 21, 52, 53, 84 and 91; text read in the consolidated version of 2 August 2026
- Wegenverkeerswet 1994 (Dutch Road Traffic Act): Articles 4b and 21
Do you sell vehicles in the EU through a Dutch partner and is it unclear who answers for a recall? Put your situation to me through our product law partner in the Netherlands, ideally with the certificate of conformity, the importer agreement and any authority request. — Martin Krüger
