Netherlands Market Access
| Import regulations and customs duties - Distribution - Transportation of goods - Standards - Patents and brands |
Import regulations and customs duties
Regulations
In accordance with its European Union membership, the Netherlands apply
the European Union (EU) rules that are in force in all European
Union countries. While the EU has a rather liberal foreign trade
policy, there is a certain number of restrictions, especially on
farm products, following the implementation of the CAP (Common Agricultural Policy): the
application of compensations on import and export of farm products,
aimed at favouring the development of agriculture within the EU,
implies a certain number of control and regulation systems for the
goods entering the EU territory.
Moreover, for sanitary reasons, regarding Genetically Modified Organisms (after being allowed in the European territory), their presence should be systematically specified on packaging. Beef cattle bred on hormones is also forbidden to import.
The BSE crisis (often called the "mad cow disease") urged the European Authorities to strengthen the phytosanitary measures to make sure of the quality of meats entering and circulating in the EU territory. The principle of precaution is now widespread: in case of doubt, the import is prohibited until proof is made of the non-harmfullness of products.
Distribution
One of the biggest assets of the Netherlands is its harbour zone. It is a country with a high level of purchasing power and its market is very open to competition as there are very few national industries to be protected. On the other hand, the Netherlands is known for being attracted to its neighbourhood stores and having developed its unique cultural identity. In 2004, retail trade was valued at 79.2 billion euros, a decline of 2.1% over 2003.
The Business to Consumer (B to C) market
The distribution market in the Netherlands is comparable to that
of other European countries. Its principal feature is that it is
dominated by big groups like Ahold which controls 42% of the food
distribution market, followed by Laurus which holds 17% (the Laurus brand is on
the verge of disappearing which is benefiting the French brand
Casino which today owns 38.7% of Laurus). Despite the development
of large supermarkets, Dutch consumers continue to prefer
neighbourhood stores which allows small supermarkets and
specialised stores to retain a considerable share in the Dutch
distribution market.
The discount market is also growing; increasing from 10% in 2003 to
13% in 2004.
In the non-food sector, international and Dutch brands co-exist
and all of them are well established. In the textile sector there
is C&A,
Vendex KKB, and in the furnishing sector
Blokker is a national brand.
The Business to Business (B to B)
market
In 2004, Foreign Direct Investments (FDI) considerably decreased
compared to 2003, (the inflow of FDIs decreased from 18.9 billion
euros in 2003 to -1.5 billion euros in 2004). The Netherlands has
traditionally attracted a large number of foreign investors but
this attraction has been on the decline since 2000 due to high
taxes imposed on companies and also due to increasing labour costs.
Thus,
l'IMD (International Institute for Management Development)
ranked Holland in 15th position whereas in the year 2000 it enjoyed
4th position. However, the government has decided to take necessary
measures to facilitate the setting up of value-added industries in
the country.
The preferred sectors for investment are those that have been
recently liberalized in conformity with European legislation. Thus,
sectors like energy, postal services, and telecommunications are
among those where most foreign investments are being made. For
example, the company E-On (of German origin and operating in the
energy sector) acquired the commercial activities of the regional
company NRE.
The principal economic & commercial zone is in the western part
of the country (Amsterdam, Utrecht, Rotterdam and the Hague) which
has 75% of the country's population. Distribution is often done
through agents and large importers/distributors. The Dutch market
is very competitive and 'price' is the determining factor
for importers who often demand exclusivity on product distribution
from manufacturers. Importer-distributors are very specialized,
segmented into a large number of markets niches.
The most important exhibitions take place in Amsterdam (ROAI), Utrecht (Jaarbeurs) and Maastricht (MECC).
There are also permanent exhibition centres which allow the various players in an industry to meet ( agents, importers, suppliers have show rooms to greet their clients). It is essential to participate in these show room activities as Dutch entrepreneurs are often wary of new suppliers.
Transportation of
goods
By road
The country's modern and vast road network, consists of 105,817
km, out of which 56,331 km are provincial roads and 2,134 km are
highways. The road capacity sometimes remains insufficient given
the traffic density, resulting in traffic jams. The Ministry in
charge of Transport and traffic, Telecoms, and the management of
Water and Aviation (Ministry of transport, Public Works and Water
Management), has planned a certain number of investments for
the improvement of road infrastructures, such as the
"Bereikbaarheidsoffensief project". This project will
make it possible for four big cities to be better served thanks to
the introduction of toll roads, on a trial basis.
By rail
The rail network has a 2,757 km length, out of which 1,991 is
electrified. The national company is NS
Reizigers. Under a 9-year contract with the State, with
mid-private and mid-public collaboration, the company undertakes to
provide better performance during rush hours as well as maintain
punctuality.
Passenger traffic has been increasing continuously since 1985,
while goods transport has decreased because of the competition with
road transport. In 1993, railways transported 4.79 million tons of
goods. The government is now planning to take certain measures for
the creation of a fast rail link between the four big cities.
By sea
Rotterdam is the first port of Europe and one of the most important
in the world: in 1998, it handled 315 million tons of goods. This
is set to reach an estimated 480 million by 2020. Furthermore, the
Netherlands have an internal network of waterways covering 5,046
km, which handle a considerable volume of goods. The other
important port is Amsterdam. In 1997 transport by inland waterway
represented only 19% of the goods traffic on the domestic market as
compared to 64% on the international market which demonstrates the
enormous potential to be exploited at the national level. In
general, the government's goal is to promote sea transport
rather than road transport.
By air
The main airports of the country are Amsterdam : Schiphol, Rotterdam and Eindhoven. Schipol's airport is the 4th most
important in Europe in terms of passengers number and goods volume.
With 1,225,284 tons handled in 1998, it is 5% more as compared to
the previous year. Its capacity should double before 2010. A
governmental report concerning Schipphol's privatisation is
also being elaborated. The main Dutch company is KLM, in which the
Dutch State has a minority participation. Its freight activity is
very important for KLM which serves a large number of destinations.
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Standards
The Dutch Institute of Standardisation (NNI), works in association with the Dutch electrotechnical comittee (NEC) for the standardisation of products.
Optional certifications are managed by the Dutch council for
Certification (Stichting Rad Voor De Certificatie), which controls
the goods. Netherlands ratified the GATT agreements, during Tokyo Round.
The product quality is maintained by observance of ISO 9000.
Patents and brands
The body responsible for the protection of intellectual property in the Netherlands is the Office to voor of Industriële Eigendom.
Netherlands signed the agreement of Paris concerning the protection of
industrial property and the agreement which establishes the World Intellectual
Property Organization (WIPO). Concerning patents, the
Netherlands ratified the agreement of Munich for European patents,
as well as the treaty of co-operation in patents. Further, one of
two headquarters of the European Office of Patents is in
Netherlands.
As for the specific question of brands, Netherlands signed the agreement of Madrid.
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Texts currently applying to patents/brands |
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| Text | Date entered into law | Period of validity | Comment | |
| Patent | Patents Act of the Kingdom 1995 | December 13, 1994 | : | : |
| Trademark | Uniform Benelux Law on Marks | December 2, 1992 | 10 years, renewable for further 10-year periods | : |
| Design | Uniform Benelux Designs Law | 1974 | : | : |
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