Customs intervention procedure and destruction of goods

The customs authorities are authorised to detain or suspend the release of goods in cases where there is a suspicion that certain goods may infringe intellectual property rights.

The customs authorities shall notify both the holder or declarant of the goods and the holder of the decision of the suspension of release or detention of the goods, informing them of the procedure for destruction of goods in Article 23 of Regulation (EU) 608/2013 and providing them with information on the quantity and nature of the goods detained.

Goods suspected of infringing an intellectual property right may be destroyed under customs control without it being necessary to determine whether an infringement of rights has taken place, where the following circumstances apply:

• that, within 10 working days of notification of the detention of the goods, the holder of the decision expresses their conviction in writing to the customs authorities that an intellectual property right has been infringed
• that, within 10 working days of notification of the detention of the goods, the holder of the decision gives their written consent to the customs authorities for the destruction of the goods
• that, within 10 working days of notification of the detention of the goods, the declarant or holder of the goods gives their consent in writing to the customs authorities for the destruction of the goods

• The customs authorities are authorised to detain or suspend the release of goods in cases where there is a suspicion that certain goods may infringe intellectual property rights.

  The customs authorities shall notify both the holder or declarant of the goods and the holder of the decision of the suspension of release or detention of the goods, informing them of the procedure for destruction of goods in Article 23 of Regulation (EU) 608/2013 and providing them with information on the quantity and nature of the goods detained.

  Goods suspected of infringing an intellectual property right may be destroyed under customs control without it being necessary to determine whether an infringement of rights has taken place, where the following circumstances apply:

  • that, within 10 working days (3 days if the goods are perishable) from the notification of the retention of the goods, the holder of the decision expresses in writing to the customs authorities his conviction that an intellectual property right has been infringed.
  • that, within 10 working days (3 working days if the goods are perishable) from the notification of the retention of the goods, the holder of the decision expresses in writing his consent to the customs authorities for the destruction of the goods.
  • that, within 10 working days (3 working days if the goods are perishable) from the notification of the retention of the goods, the declarant or holder of the goods expresses in writing to the customs authorities his consent to the destruction of the goods. In the absence of an express statement in this regard by the declarant or the owner of the goods within these periods, the customs authorities may presume that the declarant or the owner of the goods has consented to the destruction of the goods (art.23.1 section c) of the R(EU) 608/2013)

• The destruction of the goods shall be carried out under customs control and under the responsibility of the holder of the decision.

  The customs authorities shall authorize the release of the goods or terminate their retention when, within the above-mentioned periods, they have not received any written request from the holder of the decision expressing his belief that an intellectual property right has been infringed and his consent to the destruction, unless he has been informed that a procedure has been initiated to determine whether any intellectual property right has been infringed.

  Where the declarant or the holder of the goods has not expressed in writing his consent to the destruction, nor has it been presumed that he has consented to the destruction, within the established time limits, the customs authorities shall immediately notify the holder of the decision. Within ten working days, or three working days in the case of perishable goods, from the date on which he was notified of the suspension of the release of the goods or their retention, the holder of the decision shall initiate a procedure to determine whether any intellectual property rights have been infringed. The customs authorities shall authorize the release of the goods or terminate their retention immediately after the completion of the customs formalities, if within the aforementioned periods the holder of the decision has not informed the customs authority that a procedure has been initiated to determine whether any intellectual property right has been infringed.

• Where the declarant or holder of the goods objects to the destruction of the goods, the customs authorities shall immediately notify the holder of the decision.

  Within 10 working days from the date of notification of the detention of the goods, the holder of the decision shall initiate proceedings to determine whether an intellectual property right has been infringed.

  The customs authorities shall authorize the release of the goods or may terminate their retention if, within the aforementioned period, they have not been duly informed by the owner of the decision that a procedure has been initiated to determine whether any intellectual property rights have been violated.

Firstly, the goods must be considered small shipments, which according to the applicable regulations will be shipments by postal mail or by express shipping service that contain three or fewer units or have a gross weight of less than two kilograms . When a shipment includes goods that affect more than one decision holder , each of them will be considered independently, for the purposes of calculating units and/or weight.

The procedure for the destruction of small consignments shall apply to goods meeting the following conditions:

• being suspected of counterfeiting or piracy
• not being perishable
• being covered by an Application for Intervention
• the holder of the decision having requested the use of this procedure.

• Goods suspected of infringing an intellectual property right may be destroyed if, within 10 working days from the notification of suspension of release or retention of the goods, the declarant or owner of the goods has expressed to the customs authorities his consent to the destruction.

   Where the declarant or holder of the goods has expressed opposition to the destruction of the goods, the customs authorities shall notify the holder of the decision, informing them of the quantity and nature of the goods. The customs authorities shall also provide the holder of the decision, upon request and where available, with the names and addresses of the consignee, sender, declarant or holder of the goods, as well as the customs procedure, origin, provenance and destination of the goods detained.

  Where the declarant or the holder of the goods has not expressed his consent to the destruction of the goods or notified the customs authorities of his opposition thereto within the period provided for in paragraph 5, the customs authorities may presume that the declarant or the holder of the goods has consented to the destruction of the goods.

  Destruction shall be carried out under customs control and under the responsibility of the holder of the decision.

When requested by the customs authorities, the holder of the decision shall reimburse the costs incurred by the customs authorities, or other parties acting on behalf of the customs authorities, from the time of detention or suspension of release of the goods, including storage and handling costs of the goods, as well as when corrective measures are applied, such as destruction of the goods, without prejudice to its right to obtain compensation from the holder of the goods or other persons connected with them, in accordance with applicable regulations.