Includes typical use of agents and distributors and how to find a good partner, e.g., whether use of an agent or distributor is legally required.
Last Published: 8/16/2019

The Netherlands has a variety of experienced importers, sales agents, and distributors who are well-versed in international trade.  More than 7,000 U.S. companies from a wide range of sectors have appointed Dutch agents and distributors in the Netherlands.  A large portion of the goods are handled by distributors who purchase for their own account and distribute throughout the country and Europe.  Due to the size, accessibility, and competitive nature of the Dutch market, distributors usually insist on an exclusive distributorship.  If the distributor is a well-qualified and experienced firm, an exclusive distributorship often yields the best results.

Since the Netherlands is a compact market, foreign firms usually have one exclusive representative for the entire country.  However, it is common for the representative to appoint subagents to cover certain market sectors, if sales volumes and profit margins warrant it.

In some cases, Dutch representatives can provide an excellent starting point to export to other European markets.  Dutch firms are adept at handling logistics, language adaptations, and inventory on behalf of U.S. exporters.

The Commercial Service can assist U.S. exporters in locating an agent, distributor, or partner in the Netherlands through its International Partner Search or Gold Key Service programs.  In addition, we can provide valuable background information on Dutch firms through our International Company Profile (ICP) service.  Further information can be obtained by visiting the Commercial Service the Netherlands website or by contacting our office in The Hague (see contact information at the end of this guide).  You can also contact your local Export Assistance Center.

Companies wanting to use distribution, franchising, and agency options should ensure the agreements they put into place are in accordance with EU national laws.  Council Directive 86/653/EEC establishes certain minimum standards of protection for self-employed European commercial agents who sell or purchase goods on behalf of their principals.  The Directive establishes the rights and obligations of the principal and its agents, the agent’s remuneration, and the conclusion and termination of an agency contract.  It also establishes the notice to give, and indemnity or compensation to be paid, to the agent.  U.S. companies should be particularly aware that according to the Directive parties may not derogate from certain requirements.  Accordingly, the inclusion of a clause specifying an alternate body of law to be applied in the event of a dispute will likely be ruled invalid by European courts.

The EU has also tried to minimize payment delays.  Directive 2011/7/EU, covers all commercial transactions within the EU, whether in the public or private sector, and primarily deals with the consequences of late payment.  Transactions with consumers, however, do not fall within the scope of this Directive.  Directive 2011/7/EU entitles a seller who does not receive payment for goods and/or services within 30 days of the payment deadline to collect interest (at a rate of eight percent above the European Central Bank rate), as well as €40 compensation for recovery of costs.  For business-to-business transactions, a 60-day period may be negotiated subject to conditions.  The seller may also retain the title to goods until payment is completed and may claim full compensation for all recovery costs.

Companies’ agents and distributors can complain to the European Ombudsman when they feel they are a victim of inefficient management by an EU institution or body, provided they have a registered office within the EU.  The Ombudsman can investigate complaints in which EU institutions fail to act in accordance with the law, fail to respect the principles of good administration, or violate fundamental rights.  Furthermore, SOLVIT, a network of national centers, offers online assistance to citizens and businesses who encounter problems with transactions within the single market.

 

Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.