A review of the regulation empowering customs authorities to seize counterfeit imports at EU borders opens to public input, with SMEs and rights holders who rarely use the system being encouraged to respond
March 23rd, 2026 – The European Commission is evaluating Regulation 608/2013, the harmonized instrument that empowers EU customs authorities to detain and destroy goods believed to be infringing intellectual property rights at the EU’s external borders, without waiting for a court ruling. As part of the process, DG TAXUD is inviting views via a four-week Call for Evidence on the Have Your Say portal, with a questionnaire available in all 24 official EU languages.
The evaluation’s importance lays on that the Regulation is the primary tool to prevent pirated and counterfeit goods from reaching the single market, an environment that has changed dramatically since the Regulation was first implemented in 2014. The findings will determine whether the existing framework requires to be updated.
This evaluation request follows a joint study by OECD and EUIPO in 2025, that estimated the value of counterfeit goods imported into the EU at 99 billion euros, which is the equivalent to 4.7% of all imports from outside the Single Market. Meanwhile, the volume of low-value e-commerce imports has more than quadrupled in four years, from 1.4 billion consignments in 2022 to 5.8 billion in 2025, while customs authorities face tightening resources and an expanding range of duties.
Some of the weaknesses in the current framework, identified by the European Court of Auditors in 2022, include inconsistent practices across member states for destroying seized goods, diverging reporting standards, and a restricted definition of small consignments that limits the regulation’s reach. Continued monitoring has revealed even more issues, as not all Member States make full use of available procedures, a low proportion of right holder requests result in actual detentions, and operational inconsistencies continue to exist that the current regulation does not address in sufficient detail.
What will the evaluation assess, and who’s invited to participate?
The evaluation covers the period from January 2014 to December 2023, applying four core criteria:
- Have the rules actually helped customs authorities stop infringing goods at the border?
- Are the rules cost-effective in achieving their objectives?
- Are the regulation’s scope and objectives still appropriate given how global trade and technology have evolved?
- Does the regulation sit well alongside other EU policy measures, and is EU-level action necessary in this area or could it be handled nationally?
Besides these core criteria, the Commission is also asking for four specific questions it wants stakeholder input on, these being: why the expanded scope of protected IPRs has not translated into more detentions beyond trade marks; whether the regulation has genuinely reduced administrative burden for customs authorities and right holders including SMEs; how effective the digitalisation of applications for action and electronic trader portals has been; and whether the regulation’s mechanisms are adequate for handling the specific challenge of e-commerce IPR infringements.
An external contractor has already conducted extensive targeted consultations with customs authorities, major right holders, and business associations, including 56 in-depth interviews, 86 consultation responses, six focus groups, and a validation workshop. This Call for Evidence is therefore specifically aimed at those not yet reached by that process, notably:
- Academics
- SMEs
- Other smaller right holders who do not routinely seek customs enforcement, including intermediaries.
How do I participate?
Responses can be submitted via the European Commission’s Have Your Say portal, through a questionnaire available in all 24 official EU languages. The Commission particularly encourages stakeholders to provide data on costs and benefits where possible, as quantitative evidence will directly inform the assessment of whether the regulation needs to be revised.
Consultations are open until April 20th.
