What requirements does my import product have to meet?

Products that you put on the market in the Netherlands must meet European product requirements. These are rules for safety, health and the environment. Make sure you know what the requirements are for the products you import. You can look up the relevant product requirements in Access2Markets. 

Finding product requirements

To find information on the requirements for your products, use the European Commission’s Access2Markets tool. The video below explains how to search for product requirements and other information using the tool. Are you importing from a country outside the EU? Then you will find the product requirements under ‘import regulations - specific’. Are you importing the product into the Netherlands from another EU country? Then go directly to the section ‘Product requirements’.

Product regulations are often complex. Several European and/or national requirements may apply to your product. Rules may also change. Engage a product compliance agency so that you have a complete picture of all requirements. You can find these consultancies, for instance, in Google with keywords like: ‘product compliance Netherlands food’ for food. Enter ‘product compliance Netherlands non-food’ for other products. Inform suppliers in advance about the applicable product requirements and ask if they have proof they meet these requirements.

Product safety

Product requirements are there to ensure products are safe for users. The General Safety Product Safety Regulation is a European regulation (EU) 2023/988 for general product safety. The GPSR applies to all non-food consumer products that are brought into the European market. The GPSR does not cover medicines, animal feed, live plants and animals, animal by-products, plant protection products, antiques, and food. Nor does the GPSR apply to products clearly marked as requiring repair or overhaul before use.

Obligations

As an importer of non-food products, you are responsible for product safety. Exactly what you are responsible for depends on your role. If you import products from outside the EU you have the role of importer. If you import products from an EU country, you have the role of distributor. Do you alter an imported product or put your own logo on it? Then you have the role of manufacturer. 

The GPSR deals with general product safety. In addition, for some product groups there are European directives and regulations with special requirements. This applies, for example, to chemical products, toys, cosmetics, and technical products. Annex I of Regulation (EU) 2019/1020 lists these directives and regulations and the corresponding product groups. These include products that require CE marking. For the products in Annex I, the GPSR applies only to components and risks that are not, or less extensively, regulated in the corresponding directives and regulations.

National legislation

Most European legislation is laid down in directives. EU member states turn these into national laws and legislation. In the Netherlands for instance, the Commodities Act and various Commodities Act Decrees contain rules that consumer products in the Netherlands must comply with. Such as the rule that the mandatory label information on pre-packaged foods must be provided in Dutch. Or the requirements for cribs and playpens regarding the height of the side walls and the distance between the bars.

Other sources for product requirements

As well as Access2Markets, you can also find information on several product requirements on the EU website Your Europe. You can also visit the website of the Centre for the Promotion of Imports from Developing Countries (CBI). Or read these articles on importing:

• Cars and car parts 
• Cosmetics
• Foodstuffs
  • Beer and wine
  • Organic products
  • Fruit and vegetables 
  • Coffee and tea
  • Herbs and spices
  • Olive oil
  • Spirits
  • Fishery products
  • Meat 
  • Food supplements
• Machinery
• Jewellery
• Clothing
• Toys
• Home accessories 

There are different requirements for products. Common product requirements include CE marking requirements for technical products. But also health requirements for food products, and REACH and CLP requirements for chemicals.

CE Marking

Many technical products and various consumer products sold in the EEA are required to bear CE Marking. CE Marking indicates that a product meets certain minimum safety, health, and environmental requirements. The requirements can be found in the CE directives. The CE directives apply to several product groups, including machines, toys, medical devices, and electrical/electronic equipment.

In some cases, product groups have to comply with several directives. For high-risk products, the manufacturer must have the product inspected by an independent notified body.

Health requirements

If you import foodstuffs, you must comply with European food safety requirements. This is necessary because foodstuffs can contain substances that are harmful to human health. Food must be traceable through the entire chain of production, processing, and distribution. This ensures unsafe foodstuffs can be quickly removed from the market.

Additional requirements apply to certain foodstuffs. When importing animals or animal products, you often have to meet veterinary health requirements. You will also have to comply with health requirements when importing certain plants, vegetables, fruits, and plant products.

REACH and CLP

REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) is a European regulation on the production of and trade in chemicals. When importing products such as chemicals, cans of paint, tubes of glue, clothing, batteries, car parts, or office supplies, you will have to deal with REACH.

Chemicals are often added to REACH. For example, on 19 September 2024, the European Commission decided to restrict the use of PFHxA (Perfluorohexanoic acid) and similar PFAS chemicals. PFAS (per- and polyfluoroalkyl substances) are harmful substances that barely break down and can build up in the human body. From 2026, PFHxA and similar PFAS chemicals will be phased out or restricted in products such as clothing, cosmetics, and packaging. There are exceptions for semiconductors and batteries, where PFHxA is still needed for the time being. More information can be found in the European Commission's press release. 

You will also have to comply with provisions of the European CLP Regulation in addition to REACH. CLP stands for Classification, Labelling and Packaging. This is a European regulation that deals with the classification and labelling of chemicals.

Requirements for labels

Labels are part of the product requirements. There are rules for what you must state on labels. For example, the composition of a product, contact details of importers or manufacturers and how you use the product. The NVWA checks if the labels are correct. Each product group has its own rules:

• Labelling of non-food products 
• Food labelling
• Animal feed labelling (in Dutch)

Product liability

European directive (EU) 2024/2853 for product safety protects consumers from damage caused by defective products. Consumers can hold importers liable for damages. This includes personal injury and property damage. Personal damage is damage caused by death or bodily injury. Property damage is damage to another consumer's product caused by the defective product.  You can take out insurance against product liability risk. Discuss your options with an insurer.

In the cases listed below, the importer is liable for damages. 

• If you import products from an EEA country, product liability lies with the manufacturer who produced the product within the EEA. If the product was not manufactured in the EEA, the authorised representative of the manufacturer in the EEA bears product liability. Or the importer who brought the product into the EEA. 
• Do you import products from a non-EEA country? You as importer can be held liable for damages caused by a faulty product. Or the authorised representative of the manufacturer in the EEA.
• If you import products from any country (EEA or non-EEA) and sell them under your own brand name, you present yourself as the manufacturer. You bear product liability for the damage caused by a defect in the product.

Be aware of exclusions or limitations of liability in the terms and conditions or the contract with your supplier. Always try to avoid this. 

Fulfilment centre liability

The directive ensures that there is always a party in the EEA who can be held liable. For example, when consumers order the product directly from a manufacturer outside the EEA. And there is no importer or agent of that product within the EEA. In that case, the consumer can hold the fulfilment centre in the EEA liable. A fulfilment centre stores products and usually packages, addresses, and ships them.
Is the identity of the EEA-based manufacturer, agent, importer, or fulfilment centre unknown? Then the consumer can hold an EEA-based distributor of the product liable. Within the directive, a distributor is any other business in the supply chain that sells the product.