Big clothes brands deliberately allow fake products to enter the country

Every day, huge quantities of parcels from China arrive in Belgium, mainly via Liège airport. Contents range from shoes and clothing to perfume. ‘Of the 4.5 billion customs declarations that leave China for Europe each year, around 1 billion pass through Liège,’ explains Francis Adyns, spokesperson for the Belgian Finance Ministry and Customs. ‘And yes, when you say China, you also say counterfeit.’

‘Let those counterfeits go through’

Every day, customs intercept counterfeit goods, but they are not allowed simply to destroy them. ‘We can only identify counterfeit articles and set them aside. The brand owners – such as Nike and Adidas, for example – have to decide what happens to the copies of their brands,’ explains Adyns. ‘Sometimes they just say: let the counterfeits go through. And that's how they enter Belgium.’

This raises questions, because counterfeiting is prohibited by law in Belgium.

Recycling costs more than destruction

Brands must decide whether or not to consider the intercepted goods as counterfeit. If they do, they are legally obliged to have the counterfeit products destroyed or recycled. 'Hazardous goods, such as perfume or batteries, must be destroyed. But clothes and shoes must now be recycled,' explains Adyns. Recycling costs up to 3 euros per kilo, which is up to three times more expensive than destroying everything.

‘The processing is carried out by a certified company in West Flanders, under the supervision of customs. These high costs are precisely why some brand owners prefer not to label the goods as counterfeit, and therefore allow them in.’ As a result, Belgium, whether it wants to or not, is becoming a hub for counterfeit products in Europe.

Brands stay mum

VRT’s consumer programme “WinWin” asked various brands, including Nike and Adidas, for a response. Despite repeated requests, no answers have yet been received. There were no answers either to general questions about how companies deal with counterfeit products arriving in Belgium.

What happens to the intercepted counterfeit products depends primarily on the owners of the brands. According to the Belgian economy ministry, the fact that companies regularly choose to let the products through does not mean that they are simply given free rein. ‘Counterfeiting remains prohibited and the Belgian Economic Inspection services apply a different legal framework to customs,’ explains spokesperson Lien Meurisse.

‘We have police powers, customs do not. We can seize goods and notify the public prosecutor's office. Counterfeiting can be found everywhere, so we check everywhere. Our inspectors check physical shops, online shops and also visit people's homes.’

If the Economic Inspection detects counterfeit goods, the trademark owners must still pay for their destruction or recycling. ‘They cannot escape this responsibility, even if they have previously authorised the goods.’

There are also penalties for trading in counterfeit goods, Meurisse emphasises: ‘Depending on the case, we can impose a fine of up to 800,000 euros on a trader caught dealing in counterfeit goods. A judge can even impose a prison sentence of up to five years.’