Netherlands Amusement and playground equipment
Amendment to the Commodities Act Regulations on amusement and playground equipment in connection with the adjustment of the scope and the updating of regulations
Article I of the draft decree contains technical requirements. The amendment to the regulation is intended to achieve the following:
- greater safety for consumers using high-risk recreational equipment, such as tree-top adventure courses, zip lines and recreational go-kart tracks (the new ‘active equipment’ category) and trampoline parks, through the introduction of periodic assessments or periodic inspections;
- greater safety for consumers of mass-produced equipment through the introduction of a periodic review of type certificates, to prevent outdated safety requirements relating to the prototype or the production process from remaining in force indefinitely.
For the sake of completeness, it is noted that Article 13d of the Commodities Act contains a mutual recognition clause.
The principle of mutual recognition entails that an EU Member State shall not ban in its own territory the sale of goods that have been legally brought onto the market in another EU Member State on the grounds that the goods do not meet its own national regulations. It is important, however, that the legitimate public interests guaranteed by the national requirements in force are sufficiently protected. The principle of mutual recognition is included in the explanatory memorandum to the regulation