Doc. 9365

5 February 2002

Handing over forged goods that have been seized at customs to humanitarian organisations

Motion for a recommendation

presented by Mr Gilbert Mitterrand and others

Unfortunately, trade in forged manufactured goods is steadily increasing. Some of these forged goods are seized by customs services, particularly at the entry-point to European countries.

Well-known clothing brands are particularly affected by forgeries, and can be identified by logos that are themselves forged.

Punitive action against forgery generally takes two forms in Europe: firstly, prosecution of persons who manufacture forged goods and of the entire chain of beneficiaries acting with full knowledge of the facts (importers, wholesalers, distributors…); secondly, seizure and destruction of the forged goods themselves.

Without questioning the legitimacy and objective of this radical solution, an alternative use could be found for some of these goods (especially clothing); they could be forwarded to humanitarian organisations, particularly orphanages, which receive numerous requests for various essential items (shoes, clothes, etc).

Each member state could then choose whether to destroy the goods, or to set out the criteria under which such items (with the labels removed) could be used for humanitarian purposes, far from the forgers’ original intentions.

Bearing in mind the uses to which new items can be put, it would be appropriate, in parallel with prosecution and the option of destruction, to make provision for handing over seized goods, especially clothing, to humanitarian organisations which would then take charge of distributing them.

Of course, this option could only be used with the consent of the owners of the forged brand-names, and following removal of any identifying brand-names, so that the owners’ image and legitimate rights are not infringed in any way.

Accordingly, this option should be expressly provided for by texts allowing for the import or sale of forged goods.

An amendment should also be made to Regulation No 3295/94 of the Council of European Communities, of 22 December 1994, Article 8 of which states:

“Member States shall adopt the measures necessary to allow the competent authorities … to destroy goods found to be counterfeit”.

Thus, any forged goods which have been seized must be destroyed, at the behest of the company holding the rights or the customs administration.

Accordingly, the Assembly recommends that the Committee of Ministers:

      - amend the texts governing action with regard to forged goods, so as to allow for the possibility of handing over forged items to humanitarian organisations with the consent of the legitimate right-holders;

      - ask the European Union to add the following phrase to Article 8 of Regulation No 3295/94 of the Council of the European Communities:

      “or allocate them to international humanitarian projects”.Si

Signed : ¹

Mitterrand, France, SOC

Aguiar, Portugal, EPP/CD

Clerfayt, Belgium, LDR

Crema, Italy, SOC

Dhaille, France, SOC

Dreyfus-Schmidt, France, SOC

Durrieu, France, SOC

Evin, France, SOC

Mariot, France, SOC

Masseret, France, SOC

Michel, France, SOC

Neguta, Moldova, UEL

Pangalos, Greece, SOC

Poty, Belgium, SOC

Provera, Italy, LDR

Tirelli, Italy, LDR

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group