Update on invoking Goods Availability Act (Wbg), 6th of November 2025
Update on invoking Goods Availability Act (Wbg), 6th of November 2025.
Minister Karremans (Economic Affairs): “The Netherlands has been informed by China and the U.S. about their recent ‘trade and economic deal’ and welcomes the announcement that China will enable the resumption of supplies from Nexperia’s facilities in China, reinstating the critical supply of these critical legacy chips worldwide. This is also consistent with the information provided to the European Commission by the Chinese Ministry of Commerce.
Given the constructive nature of our talks with the Chinese authorities, the Netherlands trusts that the supply of chips from China to Europe and the rest of the world will reach Nexperia’s customers over the coming days. The Netherlands will closely monitor and support these developments, and will take the appropriate steps on our part where necessary.
Furthermore, the Netherlands will remain in close contact with the Chinese authorities and will coordinate closely with European Commission and international partners in this matter.”
Previous updates:
12 October 2025 – Minister of Economic Affairs invokes Goods Availability Act.
14 October 2025 – Letter to the Parliament on the invoked Goods Availability Act.
New update:
13 November 2025 - Update on invoking Goods Availability Act
19 November 2025 - Update on invoking Goods Availability Act
FAQ’s
Why has the Netherlands suspended the Ministerial Order under the Goods Availability Act?
In the past few days The Netherlands has had constructive meetings with the Chinese authorities. The Dutch government is positive about the measures already taken by the Chinese authorities to ensure the supply of chips to Europe and the rest of the world. This is seen as a show of goodwill.
In light of these developments, The Netherlands has considered it the right moment to take a constructive step by suspending the order under the Goods Availability Act, in close consultation with European and international partners. The Netherlands will continue to engage in constructive dialogue with the Chinese authorities in the period ahead.
Why has the Netherlands invoked the Goods Availability Act?
On Tuesday, 30 September 2025, the Dutch Minister of Economic Affairs invoked the Goods Availability Act (Wet beschikbaarheid goederen, Wbg) in response to serious concerns at semiconductor manufacturer Nexperia, headquartered in Nijmegen. These concerns stemmed from actions attributed to the now-suspended CEO, involving the improper transfer of product assets, funds, technology, and knowledge to a foreign entity. These actions ran counter to the interests of the company, its shareholders, and Dutch and European strategic autonomy and security of supply.
The decision aims to prevent a situation in which the production capabilities of Nexperia (for finished and semi-finished products) would become unavailable to Europe in an emergency. Nexperia produces, among other things, chips and components used in the European automotive industry and in consumer electronics. The signals at Nexperia showed there was a threat to the continuity on Dutch and European soil of crucial technological knowledge and capabilities.
What are the consequences of the order for the company’s production, supply chain and customers?
The company’s normal production activities and processes can continue unhampered. The measure specifically addresses a risk arising from actions attributed to the now-suspended CEO as described in the previous answer. The order targets only Nexperia and does not affect other companies, the wider sector or countries.
Was the Government involved in suspending the CEO and placing the company’s shares under management?
No, individual board members of the company itself have initiated inquiry proceedings before the Enterprise Chamber of the Amsterdam Court of Appeal. The Dutch government has not decided nor is responsible for the suspension of the CEO or the placement of the shares under management. This is a regular procedure under Dutch Commercial law and is therefore completely separate from the order under the Goods Availability Act. The Enterprise Chamber of the Amsterdam Court of Appeal, independently of the order and based on its own assessment, has suspended one of the directors under the articles of association (the CEO) for the duration of the inquiry proceedings, appointed a temporary non-executive director with decisive authority, and transferred the company’s shares, except for one, to a trustee appointed by the Division. This underscores the fact that, in the court’s independent judgement, there is sufficient reason to doubt proper governance and proper business conduct at Nexperia.
How does the Netherlands respond to China’s claim that the Goods Availability Act was invoked unlawfully?
The Netherlands has been informed that the Chinese government has imposed a company specific export control measure on all Nexperia locations in China. From day one, the Netherlands has been working constructively with the Chinese authorities to find a mutually agreeable solution, both to secure Nexperia’s exemption from the U.S. Affiliates Rule, as well as to counter the actions of the now suspended CEO and shareholder that threatened the stability and continuity of Nexperia Holding B.V.
It is essential for the Netherlands to let the proceedings before the Enterprise Chamber of the Amsterdam Court of Appeal to remain independent of government interference. The Netherlands has taken note of the recent ‘Deal on Economic and Trade Relations’ between the U.S. and China. More specifically that China has made a commitment to ensure the resumption of trade from Nexperia’s facilities in China, allowing production of critical legacy chips to flow to the rest of the world.
Will the Netherlands invoke the Goods Availability Act more frequently?
The Goods Availability Act was invoked on September 30, 2025, for the first time since 1952. It is an exceptional measure that is only for situations where no other means can sufficiently protect critical national and European interests. The Act targets production at individual companies and is not directed at specific countries or entire sectors.
When will the chip supply resume?
The recent Deal on Economic and Trade Relations’ between the U.S. and China led to the announcement that China will take the appropriate measures to allow for the resumption of supplies from Nexperia's facilities in China. This would restore the crucial global supply of legacy chips. The Netherlands, together with it’s European and international partners is closely monitoring and supporting these developments.
How will similar disruptions be prevented in the future?
Strengthening the European semiconductor sector is a priority for both the Netherlands and the European Union. This involves supporting strategic companies, strengthening supply chains, and increasing resilience in critical technological sectors. This aligns with the Dutch-led European Semicon Coalition and the commitment to an EU Chips Act 2.0. The continuity and growth of companies like Nexperia is a crucial part of reducing high-risk national and European strategic dependencies, for example, in industries like the automotive industry.