Romanian Customs Intensify Efforts to Curb Counterfeit Goods at Non-EU Borders

Romania’s Customs authorities have significantly enhanced their role in combating counterfeit goods trafficking since the country joined the European Union on 1 January 2007. Given Romania’s extensive borders with non-EU countries such as Serbia, Ukraine, and Moldova, Customs plays a critical role in protecting the EU’s external frontier from infringing goods.

Among the various customs offices along Romania’s EU borders, the Constanţa Sud-Agigea harbour customs office stands out as the most important in addressing counterfeit goods entering by sea. This port handles large volumes of maritime shipping containers, making it a focal point for seizures of counterfeit products destined for Romania and the wider EU market.

Romanian national legislation, particularly Law 344/2005, operates alongside EU regulations such as Directive 2015/2436 and Regulation 608/2013 to establish comprehensive IP rights protection measures during customs clearance operations. Notably, Law 344/2005 does not override EU provisions concerning goods in transit but extends the scope of customs intervention to all goods placed in or out of Romanian territory, including those declared for suspended or definitive customs regimes or re-export.

A key distinction between EU and Romanian law lies in the scope of customs regimes covered. Romanian law applies not only to counterfeit goods imported into or exported from the EU but also to all goods seized within Romania by Customs or police, regardless of the fraud type—such as failure to declare or customs avoidance. In practice, Customs focuses on goods entering the EU from non-EU countries and goods in transit, while police handle goods suspected of fraud under excise or other legislation, whether at borders or domestic warehouses.

Customs authorities may act either upon a trademark owner’s request or on their own initiative if they suspect IP rights infringements. Requests for intervention can be submitted at the national level or at the EU level for EU trademarks or designs. Upon seizure, Customs notifies the rights holder or their appointed representative in English, providing basic information about the goods and accompanying photographs. If the rightful recipient is unclear, Customs may send notifications to multiple attorneys who have registered their authority to act.

Rights holders receive detailed notifications including estimated quantities, nature of the goods, and information about consignees, consignors, and declarants. These notifications are typically sent by email with photographic evidence. Where Customs cannot provide photographs, rights holders’ representatives may visit storage locations to document the goods.

When seizures occur based on Customs’ suspicions without a prior intervention request, rights holders have three working days to file such a request after notification. The importer or holder of the goods is also notified. Following notification, rights holders commonly request destruction of the counterfeit goods, which is usually uncontested by the holder. Destruction is carried out by authorized companies, with costs borne by the rights holder but generally reasonable.

If the holder opposes destruction, the rights holder must initiate civil or criminal proceedings within 10 working days, with a possible extension of an additional 10 working days upon timely request. Alternatively, rights holders may pursue infringement litigation instead of destruction.

Romania’s integration of EU directives and national laws creates a robust framework for customs enforcement against counterfeit goods, particularly at critical entry points like Constanţa Sud-Agigea harbour. This multi-layered approach enables effective protection of intellectual property rights along Romania’s non-EU borders and within its territory.