Prohibited goods at Dutch customs: penalties and what to do

When you travel to the Netherlands, two separate sets of customs rules apply, and many travellers only discover the second one when it is too late. The first concerns duty and VAT: if you arrive from outside the EU by air or sea with goods worth more than the personal allowance of €430, you must declare them and pay. The second concerns prohibited and restricted goods, which you cannot bring in at all, or only with a permit – including weapons and imitation firearms, certain knives, drugs, protected animals and plants (and products made from them), counterfeit goods, and cash of €10,000 or more that you do not declare (Regulation (EU) 2018/1672).

The consequences differ accordingly. An undeclared purchase usually means you pay the duty plus a fine. A prohibited item can mean seizure and, depending on what it is, a criminal investigation.

Which rules does Dutch Customs apply?

Dutch Customs (Douane), part of the Tax and Customs Administration, enforces the General Customs Act (Algemene douanewet) and the EU Union Customs Code. Where that Act has no rule of its own, the Dutch Criminal Code (Wetboek van Strafrecht) and the General Administrative Law Act (Algemene wet bestuursrecht, Awb) apply.

The import bans themselves sit in other laws: the Opium Act (Opiumwet) for drugs, the Weapons and Ammunition Act (Wet wapens en munitie) for weapons and imitation firearms, and the CITES rules for protected species. Customs checks these bans at the border, for example at Schiphol and Eindhoven Airport, and hands drugs and weapons cases to the police and the Public Prosecution Service (Openbaar Ministerie).

When does customs impose an administrative fine?

An administrative fine (bestuurlijke boete) follows for procedural failures: not presenting goods for inspection, breaching the terms of a permit, or not completing customs formalities in time. These fines are lower than criminal fines and are imposed by a customs inspector in a written decision (beschikking).

Before a higher fine is imposed, you receive written notice of the intention to fine you, so you can respond. Against the final decision you can lodge an objection (bezwaar) with customs within six weeks (Article 6:7 Awb), and after that appeal to the court.

When does a criminal penalty apply?

A criminal penalty is likely when prohibited goods are actually brought in, or when goods are wrongly declared to evade duties. Where duties were evaded, the fine under the General Customs Act is linked to the amount evaded when that is higher than the fixed maximum.

If the Act allows imprisonment for the act, it is a crime (misdrijf); if only a fine, it is an offence (overtreding). Intentional evasion and the import of drugs or weapons fall in the first category and can lead to a prison sentence.

Not knowing that an item was prohibited does not automatically protect you. Customs can seize a souvenir made from a protected species on the spot, even when you bought it openly abroad; your lack of intent may only affect the level of the penalty.

How does the criminal procedure work?

Customs draws up an official report (proces-verbaal). On that basis a customs official or the public prosecutor can issue a penal order (strafbeschikking), which sets the fine without a court hearing; for higher amounts you are heard first.

You can lodge an objection (verzet) against a penal order with the Public Prosecution Service within two weeks (Article 257e of the Code of Criminal Procedure, Sv). The prosecutor then withdraws or changes the order, or brings the case before the criminal court, which decides afresh. A penal order can lead to an entry in your criminal record (justitiële documentatie).

Should you pay a fine on the spot?

Not without thinking. Paying a penal order means you accept it, and the entry in your criminal record stays; that can matter later for a certificate of good conduct (VOG) or a visa application.

If you do nothing, the Central Judicial Collection Agency (CJIB) collects the fine with surcharges, and in the end alternative custody can follow. Either pay or object within the term stated on the order.

What should you check as a traveller?

Most problems start at the airport with goods the traveller did not know were restricted.

• Is the total value of what you bought outside the EU above €430 (air or sea travel)? Then use the red channel.
• Do you carry €10,000 or more in cash? Declare it.
• Are souvenirs made of ivory, coral, shells, reptile skin or exotic wood? They may need a CITES permit.
• Do you carry knives, pepper spray, imitation weapons or medicines containing narcotics? Check whether they are allowed and which documents you need.
• Were goods seized? Ask for a written record of what was taken and why, and sign nothing you do not understand.

What should you check as a business importer?

Businesses face the same General Customs Act, with stricter administrative duties.

• Do you have the permits and certificates the goods need before they arrive?
• Is your customs declaration complete and is the customs value correct?
• Does your customs agent work under your instructions, and who is liable for errors?
• Are goods stored or moved under a customs procedure within the set terms?

What can we do for you with a customs penalty?

Our criminal lawyers assist travellers and businesses facing Dutch Customs.

• We review the official report, the seizure record and the penal order or fine decision.
• We lodge the objection (verzet) against a penal order within the two-week deadline.
• We draft the objection (bezwaar) against an administrative fine within six weeks.
• We assist you at a hearing with customs, the public prosecutor or the court.
• We advise on getting seized goods released or on a permit you still need.

Summary

• Bringing prohibited or restricted goods into the Netherlands can lead to seizure, an administrative fine, a criminal penalty, or both.
• Customs works under the General Customs Act, alongside the Dutch Criminal Code and the Awb.
• Administrative fines can be challenged by objection within six weeks; penal orders by verzet within two weeks.
• Paying a penal order means accepting it, which can leave a criminal record.
• Not knowing an item was prohibited does not automatically prevent a penalty.

Frequently asked questions