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 carry more than the personal allowance, you must declare the goods 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 above the declaration threshold.
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.
What happens when customs finds forbidden goods?
When you fly into the Netherlands, for example via Schiphol Airport or Eindhoven Airport, you pass through customs. It regularly happens that a passenger’s luggage contains forbidden products, brought in on purpose or simply out of carelessness. Whatever the reason, the consequences can be serious.
Dutch customs has its own authority to impose criminal or administrative penalties. This authority follows from the General Customs Act (Algemene Douanewet). Below we explain which sanctions apply and how severe they can be.
Which law gives customs these powers?
Dutch criminal law applies the principle of territoriality: the Dutch Criminal Code (Wetboek van Strafrecht) covers everyone who commits an offence within the Netherlands, regardless of nationality or country of residence. The Algemene Douanewet follows the same principle and applies to customs situations that take place on Dutch territory.
Where the Algemene Douanewet does not set its own rules, the general provisions of the Dutch Criminal Code and the General Administrative Law Act (Algemene wet bestuursrecht, or Awb) apply. The Algemene Douanewet itself puts the emphasis on criminal sanctions, and which type of sanction applies depends on the situation.
When can customs impose an administrative penalty?
Customs can impose an administrative penalty when, for example, you do not present goods for inspection, you do not comply with the terms of a permit, goods are missing from a storage location, the formalities for goods brought into the EU are not completed on time, or goods do not receive a customs destination in time. Administrative fines are relatively modest compared with criminal fines, and in some cases are capped as a percentage of the duties owed.
When does a criminal penalty apply?
A criminal penalty is more likely once forbidden goods actually arrive in the Netherlands, for example through an airport. Customs can impose a criminal penalty when goods that may not legally be imported are brought in, or when goods are wrongly declared. The Algemene Douanewet also describes several other criminal offences.
The criminal fine is generally higher where duties have been evaded, and is then linked to the amount evaded when that is the larger sum. Where the act was intentional, the maximum fine is considerably higher again. In some cases, the Algemene Douanewet also allows for a prison sentence, which turns the act into a crime (misdrijf) rather than an offence (overtreding).
Where the Algemene Douanewet does not provide for a prison sentence, only a fine, the act counts as an offence (overtreding). Where the law does provide for imprisonment, the act counts as a crime (misdrijf), and the most serious cases – including the import of certain forbidden goods – can lead to a prison sentence.
An illustrative example: a traveller returns from holiday with a souvenir made from a protected animal or plant species, without realising that it needs a permit. Customs can seize the item on the spot and, depending on the circumstances, either issue an administrative fine or open a criminal investigation. The fact that the traveller did not know the item was restricted does not automatically prevent a penalty.
How does the procedure work?
- Administrative procedure: this differs from the criminal procedure. How detailed it is depends on the severity of the act. For minor fines, customs will usually simply notify you of what it found. For higher fines, a more detailed procedure applies, and you receive the underlying findings.
- Before a higher fine is imposed, you first receive written notice of customs’ intention to impose it, so that you can respond. If you disagree with a decision by customs (the inspector), you can object within a set term after the decision, and customs must reconsider it within a set term. After that, you can still take the matter to court.
- Criminal procedure: when customs detects a criminal offence, it draws up an official report, on the basis of which a penal order (strafbeschikking) can be issued. Once the fine passes a certain amount, you must first be heard before the order is issued. You receive a copy of the penal order, and an inspector or another designated official sets the term within which you must pay.
- If you disagree with the penal order, you can lodge an objection (verzet) with the Dutch public prosecution service within two weeks. The case is then reassessed: the order can be withdrawn, changed, or referred to court, which then decides. In more serious cases, the official report goes straight to the public prosecutor, who can also refer it back to the inspector. If the penal order is not paid, a prison sentence can follow.
How is the amount of the penalty decided?
The Algemene Douanewet sets out guidelines for the penalty. The actual amount is decided by an inspector, another designated official, or – for criminal offences – the public prosecutor, and is recorded in a penal order (strafbeschikking) or an administrative decision (beschikking). As described above, you can object to an administrative decision with customs, or lodge an objection (verzet) against a penal order with the public prosecutor, after which the court has the final say.
When and how must you pay?
Customs usually issues the penal order or administrative decision some time after the incident, since it takes time to process the file. In some situations, however, Dutch law allows for immediate payment on the spot – for example when drugs are found at a festival.
We do not recommend paying immediately, since this counts as an admission of guilt and can lead to a criminal record, among other consequences. It is best to either pay or formally object within the given term. If the fine remains unpaid after reminders, customs will usually involve a bailiff, and if that does not work, a prison sentence can follow.
Frequently asked questions
Can I say I did not know the item was forbidden?
Not knowing that an item was prohibited does not usually excuse you from a penalty. Customs can still impose a fine, or start a criminal case, even where you brought the goods in without intending to break any rule. It can play a role in how the case is handled, but it is not a guarantee that no penalty follows.
What should I do if goods are seized at the border?
Ask for written confirmation of what has been seized and why. Note the details of the customs officer involved, and do not sign anything you do not fully understand. Get legal advice before you respond to a penal order or an administrative decision.
Does this only apply to private travellers?
No. Businesses that import goods into the Netherlands face the same rules under the Algemene Douanewet, usually alongside additional licensing and reporting requirements for the goods concerned.
In summary
- Bringing prohibited or restricted goods into the Netherlands can trigger an administrative penalty, a criminal penalty, or both.
- Customs derives its powers from the Algemene Douanewet, alongside the Dutch Criminal Code and the Awb.
- Administrative penalties are generally lower than criminal fines and follow a written-notice procedure.
- You can object to an administrative decision, or lodge a verzet against a penal order, each within a set term.
- Paying a penal order immediately counts as an admission of guilt – get advice before you do.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our criminal lawyer page.
