Import and distribution · EU market entry

Importer of record in the EU: a service provider or your own company

Your shipments wait at customs until an importer established in the EU is named. Service providers offer to take that role for a monthly fee. This page explains what the importer of record is in EU law, who can be it, and when your own Dutch company takes the role.

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Short answer

EU customs law calls the importer of record the declarant: the person who lodges the customs declaration in its own name, or in whose name it is lodged (Union Customs Code, Article 5). The declarant must be established in the EU (Article 170), apart from a few cases such as transit.

A company from outside the EU has two options. It can work with an indirect customs representative: a company in the EU that declares in its own name for you and is liable with you for the customs duty. This is what importer of record services offer. Or it can set up its own EU company, which declares in its own name with its own customs number (EORI).

Your own Dutch company is then the importer, with its own VAT number, its own Article 23 licence for import VAT and its name on your products as the EU importer. It fits when you import regularly, keep stock in the EU or sell to several EU countries.

Article 170
of the Union Customs Code: the declarant must be established in the EU
2 options
for a company from outside the EU: an indirect customs representative, or its own EU company
13 Dec 2024
since this date every consumer product sold in the EU needs an economic operator established in the EU

What an importer of record is in EU law

The term importer of record comes from trade practice. EU customs law uses the declarant: the person who lodges the declaration in its own name, or the person in whose name it is lodged (Union Customs Code, Article 5(15)). Every declarant has an EU customs number, the EORI number.

A representative can act in two ways (Article 18). A direct representative declares in your name and on your behalf. An indirect representative declares in its own name, on your behalf. For a company from outside the EU, only indirect representation is possible, because the declarant must be established in the EU.

A company from outside the EU registers for its EORI number in the EU country of its first customs operation.

What an importer of record service does

An importer of record service is a company in the EU that acts as indirect customs representative for you, sometimes together with fiscal representation for the VAT. It declares your goods in its own name and becomes debtor for the customs duty, together with you (Union Customs Code, Article 77(3)).

For import VAT, the Court of Justice of the EU ruled that EU customs law makes the indirect representative liable for the customs duty; liability for the import VAT needs an explicit national rule (case C-714/20, 12 May 2022).

The VAT side is yours: a VAT number in the country of import, or a fiscal representative, for the import VAT and your sales there. The right to deduct import VAT is for the company that uses the goods for its taxed sales: as owner, or with the import costs in its prices.

Your own company as importer

Your own Dutch company, a BV, is established in the EU. It declares your goods in its own name, with its own EORI number, or through a customs agent that acts as direct representative in its name. It has its own Dutch VAT number and applies for its own Article 23 licence; with the licence, the import VAT is reported and deducted in the same VAT return.

From its stock in the Netherlands, the company sells to buyers across the EU: 0% VAT on sales to businesses in other EU countries, and the One-Stop Shop (OSS) for sales to consumers.

The company is also the EU importer for product rules. Under the General Product Safety Regulation (GPSR), a consumer product may be placed on the EU market only when an economic operator established in the EU is responsible for it (Article 16). The name and address of the importer go on the product or its packaging. The importer is also liable for defective products: under the EU product liability rules since 1985, and under the new rules for products placed on the market after 9 December 2026, which add the authorised representative and the fulfilment service provider.

Service or own company: the comparison

Importer of record serviceYour own Dutch company
Declarant for customsThe provider, as indirect representativeYour company, or a customs agent in its name
Liability for the customs dutyThe provider and you togetherYour company
Import VATYour own VAT number, or a fiscal representative with the Article 23 licenceYour own Dutch VAT number and Article 23 licence
EU importer named on the productThe provider, when it takes that roleYour company
Stock and sales in the EUArranged per shipmentFrom your own stock, in your own name
SuitsA first shipment, a test of one marketRegular imports, stock in the EU, sales in several countries

Amazon shipments held at customs

Amazon treats the seller as the importer for stock sent to its fulfilment centres in the EU. Its onboarding guide for EU and UK logistics (2024) says that the seller acts as importer of record or declarant, and that a VAT number is needed in the EU country of import. For sellers established outside the EU, the guide names indirect representation for shipments to Germany and the United Kingdom.

For shipments to other EU countries, or when you want your own name on the declarations, your own EU company is the importer. Your current VAT numbers are in the name of your current company. When your Dutch company becomes the owner and importer of the stock, it registers for VAT in the countries where it keeps stock. Plan this before the first shipment.

Sources: Union Customs Code, Regulation (EU) 952/2013, Articles 5, 18, 77 and 170, replaced by Regulation (EU) 2026/2108 from 21 September 2027; Court of Justice of the EU, case C-714/20 of 12 May 2022; European Commission, EORI number; Dutch Customs, handbook on customs representation; General Product Safety Regulation (EU) 2023/988, Article 16; Amazon Global Logistics, EU and UK onboarding guide (2024). Checked on 25 September 2026.

Who does what

Holdwise sets up and manages the Dutch company that is your importer. Customs agents, the warehouse and product specialists do the physical and technical work. You keep one contact.

You

Your company

  • Your products, your suppliers and your prices
  • Product documents: technical file, labels, safety information
  • Your marketplace accounts and your sales plan
Holdwise

The Dutch base

  • Sets up the Dutch BV by power of attorney, with the notary
  • EORI customs number, VAT number and the Article 23 application
  • VAT registrations where the company keeps stock, and the One-Stop Shop
  • Bookkeeping and VAT returns, month by month
Partner, via Holdwise

Customs, storage, product rules

  • Customs agent for the declarations
  • Warehouse and fulfilment in the Netherlands
  • Product compliance: GPSR, CE marking, labels

Step by step

From goods waiting at customs to imports in the name of your own company.

  1. Your imports. You share your products, your volumes, the countries of import and your sales channels. Holdwise answers in writing which importer set-up fits.
  2. The company. The notary sets up the Dutch BV by power of attorney, usually within one week once all documents are complete.
  3. The numbers. EORI customs number, VAT number and the Article 23 application, plus VAT registrations where the stock will be.
  4. The product side. The name and address of the Dutch company go on the products or the packaging as the EU importer.
  5. The first shipment. The customs agent declares the goods for your Dutch company.
  6. Every month. Bookkeeping and VAT returns, and the One-Stop Shop return every quarter for sales to consumers.

Common questions

What is an importer of record in the EU? +
In EU customs law it is the declarant: the person who lodges the customs declaration in its own name, or in whose name it is lodged. The declarant must be established in the EU and has an EORI customs number.
Can a company from outside the EU be the importer of record? +
The declarant must be established in the EU, apart from a few cases such as transit. A company from outside the EU imports through an indirect customs representative in the EU, or through its own EU company.
What does an importer of record service do? +
It acts as indirect customs representative: it declares your goods in its own name and is liable with you for the customs duty. The VAT side is yours, through your own VAT number or a fiscal representative.
Why do our Amazon shipments get stuck at customs? +
Amazon expects the seller to be the importer of record for stock sent to its fulfilment centres, with a VAT number in the country of import. A seller from outside the EU needs an EU customs representative or its own EU company to declare the goods.
Is the indirect representative liable for import VAT? +
The Court of Justice of the EU ruled that EU customs law makes the indirect representative liable for the customs duty; liability for import VAT needs an explicit national rule (case C-714/20).
When does our own Dutch company fit as importer? +
When you import regularly, keep stock in the EU or sell to several EU countries. The company then has its own customs number, VAT number and Article 23 licence, and its name is on your products as the EU importer.

Ask about your own situation

Tell us what you make or sell, where your company is and which countries you want to sell in. You get a written answer. Where a Dutch company fits, we write down what it would look like and what it costs.

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Why founders choose the Netherlands

Three practical reasons. First: your money stays available. The Netherlands lets an importing company pay import VAT on its tax return instead of at the border (the Article 23 licence). You can put that money into stock straight away. Other countries, including France, also handle import VAT through the VAT return. The rules and conditions differ by country.

Second: profit passes freely between the companies in your structure. Profit from your operating company can go to your holding company free of tax (the participation exemption). Dividends to many foreign parent companies are paid with 0% withholding tax under treaty rules. The first €200,000 of profit is taxed at 19%.

Third: you can do everything from abroad, in English. Incorporation usually takes less than a week once all documents are complete, with a power of attorney that allows the notary to sign for you. The tax authority works digitally, and every document you need is available in English. You never have to board a plane to own and run a Dutch company.

See how this applies to your situation

Holdwise Assistant
Knowledge on doing business in the Netherlands · based on the 2026 figures