Law enforcement: the role of the Customs Agency
The central role of the Customs and Monopolies Agency is the result of its exclusive competence in the management of the phase when goods are declared to customs and then, where appropriate, subjected to controls for the entry into or the exit from the customs territory of the Union.
In addition to administrative activities, the Italian customs officers also perform judicial and tax police functions; they
- protect the EU internal market against the import of counterfeit goods from third countries entering through the Italian customs territory;
- operate in customs areas by detaining suspected infringing goods in order to verify the authenticity of the products and to protect right-holders;
- carry out investigations all over the territory on behalf of the judicial authority, by means of inspections and seizures of the goods and of post-clearance checks by accessing the commercial premises of companies, as required by the Customs Code and national legislation.
Counterfeiting is linked, as is well known, to international organised crime networks benefiting from the proceeds of counterfeiting.
Prevention and law enforcement activities are therefore carried out thanks to the coordination between Authorities and Public Bodies at international (WCO, EUROPOL), European (EU Council, EU Commission and OLAF) and national level (inter alia, Ministry of Economic Development, Ministry of the Interior, Police Forces, Judicial Authority, Ministry of Agricultural and Forestry Policies, Ministry of Cultural Heritage), to ensure the exchange of information, knowledge, initiatives and, above all, legal and operational cooperation for an effective enforcement action.
Among the areas of intervention in the field of counterfeiting, in the pharmaceutical sector the Agency participates in the national Task Force IMPACT ITALIA, together with A. I. F. A. Agenzia Italiana del Farmaco (Italian Medicines Agency), the Comando Carabinieri N.A.S. (Food Law Enforcement Department) and the Ministry of Health, a group responsible for combating pharmaceutical counterfeiting.
Specific Memoranda of understanding signed by the Customs Agency and trade associations of producers and consumers which are most representative of the national economic reality, are aimed at strengthening mutual cooperation and putting in place all useful proposals and actions to increase the effectiveness of the fight against illicit trade in counterfeit and pirated goods.
Results achieved by the Customs Agency in 2016
The total number of seizures carried out by the customs offices include both seizures under Reg. 608/2013 and those relating to art. 474 of criminal code (for which action is taken simply on the basis of an expert evaluation by the holder of the right infringed even in the absence of an application for action or if the application has expired).
Categoria TAXUD |
Year 2016 |
||
No. pieces |
Assessed value (euro) |
Estimated value (euro) |
|
1) Foodstuff and beverages |
176.045 |
160.136 |
206.136 |
1a) foodstuffs |
44.736 |
8.947 |
8.947 |
1b) alcoholic beverages |
112.463 |
127.245 |
173.245 |
1c) other beverages |
18.846 |
23.944 |
23.944 |
2) Body care products |
60.116 |
126.798 |
145.798 |
2a) perfumes and cosmetics |
51.289 |
34.884 |
53.884 |
2b) other body care products |
8.827 |
91.914 |
91.914 |
3) Clothing and apparels |
175.182 |
2.677.641 |
3.705.722 |
3a) clothing |
89.038 |
2.240.659 |
2.474.577 |
3b) apparels |
86.144 |
436.982 |
1.231.145 |
4) Footwear or parts thereof |
187.859 |
1.050.170 |
1.421.339 |
4a) sport shoes |
35.737 |
789.995 |
807.499 |
4b) other footwear |
152.122 |
260.175 |
613.840 |
5) Personal accessories |
122.716 |
2.202.859 |
3.954.080 |
5a) sunglasses and spectacles |
7.173 |
76.349 |
118.866 |
5b) bags |
54.090 |
803.031 |
2.425.936 |
5c) watches |
7.212 |
1.026.247 |
1.109.850 |
5d) jewellery and other accessories |
54.241 |
297.232 |
299.428 |
6) Mobile phones and their parts |
117.765 |
1.549.013 |
1.657.746 |
6a) mobile phones |
2.569 |
413.037 |
437.493 |
6b) parts and accessories |
115.196 |
1.135.976 |
1.220.253 |
7) Electronic and IT devices |
218.062 |
917.105 |
1.593.063 |
7a) audio-visual devices and their parts |
12.546 |
202.439 |
701.419 |
7b) memory cards, memory sticks |
38.456 |
128.024 |
175.368 |
7c) printer cartridges and toner |
0 |
0 |
0 |
7d) IT devices and their parts |
5.756 |
33.378 |
57.758 |
7e) other devices and their parts |
161.304 |
553.264 |
658.518 |
8) CD,DVD, cassettes, game cartridges |
674 |
1.574 |
31.100 |
8a) recorded |
674 |
1.574 |
31.100 |
8b) not recorded |
|
|
|
9) Sports goods, games and toys |
345.380 |
1.338.824 |
2.597.770 |
9a) toys |
343.203 |
1.277.355 |
2.528.829 |
9b) games |
400 |
12.000 |
12.000 |
9c) sports goods |
1.777 |
49.469 |
56.941 |
10) Tobacco |
43.857 |
175.361 |
175.595 |
10a) cigarettes |
43.857 |
175.361 |
175.595 |
10b) other tobacco products |
|
|
|
11) Medicines |
459 |
184.775 |
184.775 |
12) Other goods |
784.334 |
733.937 |
894.982 |
12a) machinery and tools |
8.203 |
33.123 |
54.199 |
12b) vehicles and their parts |
3.001 |
55.113 |
71.335 |
12c) stationery |
122 |
309 |
412 |
12d) lighters |
0 |
0 |
0 |
12e) labels, tags, stickers, buttons |
597.869 |
433.875 |
439.210 |
12f) textile products |
801 |
13.605 |
13.805 |
12g) packaging materials |
136.824 |
27.983 |
76.185 |
12h) other |
37.514 |
169.929 |
239.836 |
Total counterfeiting |
2.232.449 |
11.118.193 |
16.568.106 |
Source: Antifraud Database and direct contacts with Regional, Interregional and Interprovincial Directorates and Local Offices |
Results achieved by EU Member States in the fight against counterfeiting in 2016
The European Commission report on the fight against counterfeiting and the infringements of property rights shows, inter alia, that:
- China continues to be the main source country from where counterfeit products are shipped to the EU for(80%), followed by Hong Kong, Vietnam, Pakistan and Cambodia;
- Cigarettes remain at the top of the list of detained articles (24%), followed by toys (17%) and foodstuff (13%),