Probably the most common newcomer question, so let’s get the facts in one place: what do the rules actually say about counterfeit goods and customs in the EU? People often say “personal use is fine”. Is that true? And is there a difference between goods in your luggage and goods arriving by post or courier?
To be clear from the start: this thread is general information with official sources, not legal advice, and nothing here is about how to get around a customs check. More on this in Counterfeit seizures around the world: the week of 13–20 October.
Related threads: the thread on DDF: the week in brief and The big factory raids.
Good framing. The first thing to separate is EU-level rules and national rules. People mix them up all the time, and that’s where “personal use is fine” comes from.
At EU level, the key text is Regulation (EU) No 608/2013, on customs enforcement of intellectual property rights. Its official summary says the regulation does not apply to non-commercial goods in travellers’ personal luggage. That’s a limit on that regulation. It is not a general rule that counterfeits are allowed.
Exactly. German customs (the Zoll) describes it like this on its site: for non-commercial counterfeits in personal travel luggage, customs generally does not intervene. Commercial imports by travellers, on the other hand, fall under the regulation or under national provisions. That applies to Germany. Other countries are stricter.
That’s the case in France, and it needs saying clearly. According to the official page of the Ministry of Foreign Affairs, customs can act from the very first counterfeit item, even one being worn. The goods are seized and destroyed, and a customs fine is calculated on the value of the genuine products. Criminal proceedings are also possible. So in France, “personal use” doesn’t protect you.
Wow, so the same item in the same suitcase can be a non-issue in one country and an offence in another?
Exactly, and Italy is another case. The website of the Customs and Monopolies Agency (Agenzia delle Dogane e dei Monopoli) explains that the final buyer of goods that suggest industrial property rights have been infringed is punished with an administrative fine, and the items bought are always confiscated. So here too it’s not only about who sells: the rule also hits whoever buys. Confidence level: high, it’s the official source.
Now the post and courier side, which is a different procedure. Regulation 608/2013 has a small consignments procedure (Article 26). A small consignment is a postal or express courier parcel with three units or fewer, or under 2 kg gross weight. Where the rights holder has asked for this procedure, customs notifies the person the goods were sent to, who then has 10 working days to give their view. If there’s no reply, customs may treat that as agreement to destruction, and the goods are destroyed under customs control.
The important thing here: this is a procedure for destroying the goods, not immunity from penalties. Whether national sanctions follow on top again depends on the country. And anyone who receives a notice from customs should take the deadline seriously and ask the official office or a legal adviser, not a forum.
That’s a lot clearer. Could someone put it into one summary I can link newcomers to?
Summary, based only on the official sources listed in this thread. General information, not legal advice. Rules differ by country and can change, so always check your own national customs site.
1. EU level: Regulation (EU) No 608/2013
- Sets out how customs act against goods that infringe intellectual property rights.
- Does not apply to non-commercial goods in travellers’ personal luggage. That only limits this regulation. It does not make counterfeits legal.
2. Post and courier: small consignments (Article 26)
- Parcels with three units or fewer, or under 2 kg, sent by post or express courier.
- Customs notifies the recipient, who has 10 working days to respond. Silence may count as agreement to destruction.
3. National rules apply on top
| Country |
What the official source says |
| Germany (zoll.de) |
non-commercial goods in personal luggage: customs normally doesn’t intervene; commercial imports are covered |
| France (diplomatie.gouv.fr) |
customs can act from the first counterfeit item, even one being worn; seizure, destruction, a customs fine based on the genuine product’s value, possible criminal proceedings |
| Italy (adm.gov.it) |
the final buyer faces an administrative penalty, and the goods are always confiscated |
| Other countries |
check the national customs authority’s own pages |
4. What this thread is not
- Not legal advice. If you receive a customs notice, follow the official instructions and ask a qualified adviser.
- Not a guide to avoiding checks. Questions like that break the community rules and get removed.
For scams that use “customs problems” as a story to ask for more from you, see staying safe: scams, fake middlemen and privacy. Other common questions are in the FAQ.
Thanks, this is exactly the kind of neutral summary that was missing. Marking it.
And thanks for keeping the tone neutral. On this subject, it’s the only right way to talk about it.