Copy-Paste de la 1ere réponse (du 23 Aout 2012 !!) de Trailboss99
UK Customs - EU Members Please Read
Folks, things are not looking good for EMS into the UK for the time being. The below from greg_r next door:
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Folks,
You may have read WI's post about a package that has gone missing en route into the UK. This has become a little more common lately, so I thought it was time to share some info.
Firstly, this is how UK customs works with regard to counterfeit goods:
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The Old Procedure Pre 2009
Previously, Customs would seize counterfeit goods on the strength of a witness statement from a trade mark or copyright owner confirming the goods were counterfeit. Only if the importer disagreed would the matter be referred to Court.
For trade mark and copyright owners, the old procedure was simple and cost effective.
However, it arguably did not comply fully with Article 13 of Council Regulation 1383/2003 (which deals with Customs action in relation to counterfeits).
New Procedure
In order to prevent counterfeit goods from being released by Customs, trade mark and copyright owners will now have to issue legal proceedings to determine whether there has been infringement.
Goods will thereafter only be seized by Customs if the rights holder gains a successful judgment and the Court directs seizure.
Rights holders will have a maximum of 20 days to issue legal proceedings, and will have to explain any delay beyond 10 days. Where perishable goods are concerned, rights holders will only have 3 days to start proceedings.
Simplified Procedure
Customs will introduce further legislation in due course to give effect to a "simplified procedure" which will enable detained goods to be destroyed if the owner of the goods agrees, or is deemed to have agreed by failing to oppose destruction.
Meanwhile, pending the introduction of the "simplified procedure" which will allow for deemed agreement to abandonment, Customs will allow rights holders to reach a written agreement with the owner of detained goods (or other interested parties) to abandon the goods.
Other Changes
Where goods have been seized and are to be destroyed, the rights holder now has to pay for destruction. Previously, such costs were not always passed on to rights holders.
This whole thing meant that customs would totally ignore any small shipment of counterfeit goods unless the rights holder had informed them of legal proceedings relating to that specific package or recipient.
However, more packages are getting seized recently. I've been searching for an update but cannot find any reference to new legislation, apart from some provisions relating to the Olympics, which may well be the key to this whole thing.
As things currently stand, the Border Agency has brought in a private company to process mail as they were expecting to get swamped (I can't remember the name of the company just now). This company has staff at PF's sorting centre in Coventry and are basically checking all the overflow from customs itself. They're specifically checking for items that infringe the London Olympics Organising Committee's intellectual property, but it looks like they're being that bit tougher on IP infringement in general. Whether this is a permanent arrangement or will just last until things have settled down, I don't yet know. Lots of stuff is still getting through safely, but the incidence of seizure does seem to have increased somewhat.
Note that airmail (which is handled by Royal Mail, not ParcelFarce) appears unaffected by this nonsense.
I'm still making enquiries and I'll post any further information I receive...
Edit 22nd August 2012.
Okay, the problems are confirmed.
I've had a brief email from one of my contacts. He's being rather vague, but it seems like this new arrangement could be in for the long haul. What's happening is that small packages from certain locations (notably China) are being bounced straight through by border agency officials (which is why you see 'released from customs' on your tracking). The package then ends up in Coventry (national hub) where the actual customs check is done. If they decide to seize your package, that's the place it'll happen.
They have apparently spent a lot of dough setting this new operation up - the company that has the contract is eager to prove that they're doing a good job, so they're eager to pick up on anything they consider 'dodgy' in the hope that the government will decide they're doing a good job and the contract will be taken up on a permanent basis.
It's possible that things may relax after the current olympics/paralympics paranoia is over, but I wouldn't want to bet money on it. We're going to have to wait and see, but I have to say that I'm going to be going for airmail shipping until this situation becomes clearer...
Consider all the above as gospel, the source is 100% reliable.
For the time being at least ALL shipments into the UK should be by normal airmail, NOT EMS! If you select EMS shipping you have a very good chance of having your stuff taken.
I'll keep you informed as we hear more.
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