NL Niederlande

Amusement and playground equipment

Order of the Minister for Public Health, Welfare and Sport of [date] setting rules on the safety of amusement and playground equipment (Commodities Act Order on amusement and playground equipment)

Commodities Act Order on amusement and playground equipment [Warenwetregeling attractie- en speeltoestellen] 

The purpose of this Ministerial Order is to set further rules on the Commodities Act Decree on amusement and playground equipment 2022 [Warenwetbesluit attractie- en speeltoestellen 2022]. This Order is the successor to the Further rules on amusement and playground equipment [Nadere regels attractie- en speeltoestellen]. The latter Ministerial Order is hereby repealed. In addition to certain linguistic and technical improvements, this Commodities Act Order on amusement and playground equipment contains new model certificates as well as rules to ensure uniform inspections by designated bodies. It also sets some new requirements on the mark of approval (in Articles 6, 7 and 8 with annexes). These are technical regulations. All playground equipment manufactured according to the approved, type-specific sample and all amusement equipment with a certificate of approval must also bear a mark of approval.

For the sake of completeness, the text notes that Article 13d of the Commodities Act [Warenwet] contains a mutual recognition clause. The mutual recognition principle entails that an EU Member State shall not ban the sale of goods that have been legally brought onto the market in another EU Member State in its own territory on the grounds that the goods do not meet its own national regulations. It is critical here that goods from another EU Member State offer at least an equivalent level of protection. Thus, trade in goods originating from other EU Member States falling under the scope of this Decree shall not be prohibited by virtue of the requirements set out in this Decree.