May bugs in April

By Rutger Oldenhuis

It’s May as I write this blog – the time of year when cockchafers (May bugs) emerge from the ground en masse. This phenomenon is remarkable in itself, as the insect has been largely eradicated in most parts of the Netherlands due to pesticide use. Each time, it’s a fascinating spectacle. After spending up to five years underground as larvae – being a persistent nuisance to my garden – they get to live above ground for just a few short weeks. In that time, they mate, lay eggs, and die. At dusk, you can see them flying around awkwardly, seemingly drunk. Every now and then, I spot one flying around aimlessly in April. Imagine spending five years underground, and no one told you that your moment only comes in May. Or maybe he (I’m sure it’s a male bug) just didn’t listen to his May bug friends – “Don’t go yet, it’s APRIL!!”

Naturally, this all made me think of the cycle of product compliance and product safety. Like the May bug, years of design and development can pass before a product finally hits the market. And how frustrating would it be if the timing were off – for example, because the product fails to comply with the latest legal requirements and technical standards?

Take the Radio Equipment Directive (RED), for example. Effective from 1 August 2025, radio equipment sold within the EU must (also) comply with enhanced cybersecurity requirements under the RED. Depending on the device’s functionalities, radio equipment must not harm network operations, must safeguard user privacy and personal data, and must incorporate protections against fraud. Manufacturers, importers, and distributors are responsible for ensuring compliance with RED.

Unlike the May bug, the example of the RED shows that product regulations are far from extinct. Despite attempts to curb the regulatory “overreach” of Brussels, manufacturers still need a crystal-clear understanding of what’s required to sell products on the EU market. And with the introduction of the General Product Safety Regulation (GPSR) – a topic I’ve written about extensively – new obligations now apply to non-harmonised products, including the requirement to maintain technical documentation and perform risk assessments. And for non-EU manufacturers, it is mandatory to appoint a Responsible Person based in the EU.

Just as April is a May bug’s worst nightmare, there can be serious sanctions for product non-compliance in the EU. I recently researched the fines that can be imposed in EU member states for non-compliance with the GPSR. Some countries have particularly strict national sanction regimes. These can include turnover-based or multi-million euro penalties, often combined with corrective obligations and public enforcement measures.

That said, enforcement bodies do not typically impose fines as a first step. Their primary focus is on consumer safety, not punishment. As long as the company cooperates transparently and acts promptly to resolve the issue, authorities are more likely to issue a warning or allow corrective measures within a set timeframe. Financial penalties are typically reserved for cases involving deliberate misconduct, repeated non-compliance, or failure to act on known risks.

That said, any corrective action can already feel like a punishment in itself. Even better, of course, is to consider product compliance and safety from the very start of product development. It should be a logical and indispensable part of your development budget. After all, the last thing you want as a manufacturer is to spend years “underground” – only to emerge like a May bug in April and find it was all for nothing.