Customs Detention and ČOI Labelling Notices: How to Defend Your Import

Detention of a shipment by the Customs Office and a notice from the Czech Trade Inspection Authority (ČOI) regarding labelling represent a serious problem for entrepreneurs in the Czech Republic. You face not only fines and delays, but also the destruction of the goods. In this article, we explain your rights and obligations in customs proceedings under Czech law and advise how to defend yourself effectively. We also highlight common mistakes importers make when communicating with the authorities.

Quick summary

• Customs proceedings and market surveillance are two interconnected procedures. While the Czech Customs Administration decides on customs formalities and the release of a shipment for free circulation in the EU, the Czech Trade Inspection Authority (ČOI) issues binding opinions on whether the goods meet safety requirements and information obligations under EU and Czech legislation. Without a positive opinion from ČOI, customs will not release the goods.
• Fines for safety and information deficiencies can be significant. In less serious cases, an on-the-spot fine of up to CZK 10,000 may be imposed, but in administrative proceedings (e.g., for dangerous products) sanctions of up to CZK 50 million may apply in the Czech Republic. These penalties can often be avoided through the correct and timely approach.
• You have limited time to respond. Customs proceedings require your cooperation. You are usually given a deadline to respond to requests from the authorities to supplement information or remove doubts. If you do not respond, you risk the goods not being released and their subsequent destruction or re-export.
• Professional legal assistance will save you time and money. The attorneys at ARROWS advokátní kancelář regularly handle similar situations and can represent you both before the Czech Customs Office and before ČOI, significantly reducing the risk of procedural mistakes and subsequent sanctions under Czech law.

How the suspension of release of a shipment works

When a shipment arrives from a third country outside the European Union, the Czech Customs Administration may subject it to inspection. If it suspects that the goods do not meet safety or labelling requirements, it will suspend their release for free circulation. At this point, the goods remain under customs supervision, and customs officers verify formalities or request an opinion from the market surveillance authority.

For the goods to be properly released, all conditions of the customs procedure must be met and the goods must comply with EU rules for placing products on the market. This means the consignee must file a customs declaration, ensure payment of customs duty and VAT, and submit flawless documentation. Once all requirements are met and the market surveillance authority raises no objections, the goods are released. However, this is where problems often begin, because many businesses underestimate the preparation of conformity documentation and product labelling.

In case of doubts, the Czech Customs Administration informs ČOI, which then typically has several working days to state whether the goods should be inspected or whether it agrees with their release.

The difference between customs proceedings and an inspection by the Czech Trade Inspection Authority (ČOI)

This is where businesses very often get confused. Customs proceedings are a process focused on collecting customs duty and VAT and ensuring compliance with import prohibitions and restrictions. At this stage, the Czech Trade Inspection Authority (ČOI) acts as the market surveillance authority under Regulation (EU) 2019/1020. It focuses on whether the product meets technical, safety, and information requirements.

This means that even if your invoices and customs classification are in order, the shipment may still be blocked. It is enough for ČOI to find that the product lacks importer labelling, instructions in the Czech language, or mandatory conformity markings (e.g., CE).

When a shipment is detained

The suspension of release typically occurs in the following situations: accompanying documents are missing, or the product is not labelled with the manufacturer’s and importer’s details. Another common reason is missing CE marking for products where it is required, or suspicion that the product poses a serious risk to health or safety.

The attorneys at ARROWS advokátní kancelář deal daily with cases where customs formalities overlap with product safety requirements under Czech and EU rules. Without knowledge of the Czech Administrative Procedure Code and specific technical regulations, mounting an effective defence is very difficult.

How an inspection by the Czech Trade Inspection Authority works

The Czech Trade Inspection Authority has a clear mandate: to check whether products placed on the market comply with the Czech Consumer Protection Act, the General Product Safety rules, and other technical regulations. This includes safety, correct labelling, and consumer information in the Czech language.

When does ČOI typically come into play? For imports into the Czech Republic, it is based on a notification from the Czech Customs Administration that the release of a shipment has been suspended. ČOI then carries out an inspection (physical or administrative) and issues a binding opinion for the Czech Customs Administration.

Most common reasons for a negative opinion from the Czech Trade Inspection Authority (ČOI)

ČOI most often identifies deficiencies in labelling. Products frequently lack CE marking, instructions and safety information in the Czech language, or the identification details of the manufacturer and importer. Product information must also not be misleading, and the declaration of conformity must not be missing.

Specific Czech government regulations and EU directives apply to electrical equipment, toys, personal protective equipment, and other categories. Small and medium-sized businesses often get lost in this complex legislative environment.

What steps can ČOI take

If ČOI finds that the goods do not meet the requirements, it will issue a negative opinion on release for free circulation. The customs office will then not release the goods. In such a case, the importer must either destroy the goods or export them back outside the EU. Alternatively, the goods may be brought into compliance under customs supervision, if the customs office allows it.

In addition to non-release of the goods, ČOI may initiate misdemeanour proceedings, where substantial fines may be imposed under Czech law. The ARROWS advokátní kancelář legal team can ensure that your communication with the authority minimises the risk of sanctions and is directed toward remediation, where possible.

How the Czech Trade Inspection Authority (ČOI) learns about your goods

For imports from third countries, an automated information-exchange system operates between customs authorities and market surveillance authorities. If a customs officer encounters a risk profile for the goods or an obvious deficiency during an inspection, they are required to suspend release and inform ČOI.

Related questions about ČOI

1. Is the Czech Customs Administration actually detaining my shipment, or is it only temporary storage?
From a legal perspective, the goods are in temporary storage under customs supervision. The goods have not been released for free circulation, meaning you cannot freely dispose of them. Temporary storage may last a maximum of 90 days; after that, the goods must be released or assigned another customs procedure.

2. How long can this detention last?
The market surveillance authority (ČOI) generally has 4 working days to respond from the time it is notified by the customs office. However, if it initiates an investigation or takes samples, the time limit is extended for as long as necessary to carry out the inspection. In practice, this may take weeks.

3. Is it normal for the Customs Administration and the Czech Trade Inspection Authority (ČOI) to deal with my case at the same time?
Yes, this is a standard procedure for importing goods from third countries into the European Union, governed by EU Regulation 2019/1020. Customs officers guard the border; ČOI supervises product safety on the market in the Czech Republic. Their cooperation is lawful and necessary.

Practical steps when a shipment is suspended

When you learn that the release of your shipment has been suspended, speed and accuracy of your response are crucial.

Contact your customs declarant and carrier

Your customs declarant (your representative in customs proceedings, often the transport company). They are in direct contact with customs officers. Find out the exact reason for the suspension of release and request all correspondence from the customs office. Ask for the MRN number and whether the matter has been referred to ČOI.

Analyse the authority’s requirements

If ČOI or the customs office asks you to submit documents (Declaration of Conformity, technical documentation, instructions), carefully check what you have available. The documents must be valid for the specific type of goods and must meet the formal requirements under EU regulations.

This is where attorneys from ARROWS, a Prague-based law firm, very often become involved. Experience shows that businesses frequently submit documents that are incomplete or relate to a different model, which leads to immediate rejection.

Secure legal assistance

At this stage, it is advisable to seek advice. Attorneys from ARROWS, a Prague-based law firm, will assess whether deficiencies can be remedied (e.g., by completing labelling in a customs warehouse) and whether the documentation will withstand inspection. Preventing a negative opinion is key.

Communication with the supplier

If certificates are missing, contact the manufacturer immediately. Request an "EU Declaration of Conformity" and test reports. Note: "China Export" is not a CE certificate. Attorneys from ARROWS, a Prague-based law firm, can help you formulate requirements to the supplier so that they understand the seriousness of the situation under European law.

Related questions on shipment suspension

1. Can I personally collect the shipment from the warehouse if it is detained?
No. Until the goods are released for free circulation, they remain under customs supervision. Handling them without the customs office’s consent is a serious administrative offence with high penalties.

2. How much will it cost me?
In addition to a potential fine, you must expect storage fees charged by the carrier or warehouse operator. The longer you delay resolving the matter, the higher the costs. If the goods are not released, you will also bear the costs of their destruction or return transport.

3. Do I have to indicate that I am going to hire a lawyer?
When communicating with authorities in the Czech Republic, representation by an attorney is standard and often welcomed because it speeds up the process and ensures factual communication. Attorneys from ARROWS, a Prague-based law firm, act professionally and efficiently.

Detailed overview of legal obligations for product labelling

Before placing goods on the market in the Czech Republic (or releasing them into circulation), you must meet a number of obligations.

Czech and European rules for labelling

The importer is responsible for ensuring that the product meets safety and labelling requirements under Czech law and EU rules. Goods must be labelled in the Czech language, especially safety information and instructions.

The product must bear identification of the manufacturer and the importer (company name, address) and product identification (type, batch). For so-called regulated products (electronics, toys, PPE, machinery), the CE marking must be affixed, confirming conformity with harmonised EU legislation.

Obligation to provide instructions in Czech

Under the Czech Consumer Protection Act, the seller or importer must provide written information on the product’s characteristics, use and maintenance in the Czech language.

This obligation applies even if the manufacturer supplied the instructions only in a foreign language. The importer is responsible for the translation. The instructions must be included with the product. Providing instructions only in electronic form is possible only for specific categories of goods or with the consumer’s consent.

What happens if you fail to meet your obligations

ČOI may impose a fine for an administrative offence. Under the Czech Consumer Protection Act, a fine of up to CZK 5 million may be imposed. If it involves a breach of the General Product Safety rules or placing a dangerous product on the market in the Czech Republic, the sanction may reach up to CZK 50 million. In less serious cases, an on-the-spot fine of up to CZK 10,000 may be imposed.

In addition to a fine, the main risk is a measure prohibiting the product from being placed on the market, or an order to withdraw it from the market.

What you are facing

Risks and sanctions	How ARROWS helps (office@arws.cz)
Non-release of goods: If the goods do not meet the requirements, the customs office will not release them. You may have to destroy them or re-export them at your expense.	Legal analysis and remediation: We will assess whether the defects can be remedied.
Fine from ČOI: On-the-spot up to CZK 10,000; in administrative proceedings up to CZK 50 million (depending on the applicable act and the seriousness).	Defence in administrative proceedings: We will prepare submissions and file remedies.
Storage costs: Delays in the proceedings mean increasing storage fees.	Faster communication: Thanks to our knowledge of procedures and electronic communication, we can speed up the entire process.
Sales ban: ČOI may issue a measure prohibiting the supply of products to the market. Objections may be filed against this measure (usually within 3 working days).	Immediate filing of objections: Attorneys from ARROWS, a Prague-based law firm, can act immediately.

How to respond properly to an authority’s request

If you receive a request to submit documents or provide an explanation, follow the steps below.

Content of the response

The response must be factual, complete and truthful. Identify the shipment by the reference number and MRN. Attach the requested documents, such as the EU Declaration of Conformity, instructions in Czech, and a photo of the label showing the importer’s details. If you do not have the documents, request a reasonable deadline to obtain them.

Formal requirements

Communicate via a data box (datová schránka) (if you are required by law to have one set up, it is mandatory). Observe the set deadlines. If you cannot meet a deadline, request an extension before it expires. Authorities in the Czech Republic usually grant it if you demonstrate genuine effort.

Waiting time for a decision

Administrative authorities have deadlines for issuing decisions set by the Czech Administrative Procedure Code, but within customs proceedings they try to proceed faster. Attorneys from ARROWS, a Prague-based law firm, can follow up on the handling of the matter if unjustified delays occur.

Related questions on communication with authorities

1. Can I respond on my own?
Yes, but in more complex cases (missing certification, suspicion of a dangerous product) we recommend a consultation. An inappropriately worded response may be used as evidence against you in Czech administrative offence proceedings.

2. Can I claim that I did not know about the obligations?
No. Ignorance of the law is no excuse. A business operating in the given field must know the regulations applicable to its goods under Czech law. Arguing lack of knowledge is ineffective.

Electronic customs declaration and eCeP

For completeness: for low-value consignments (up to EUR 150), individuals may use the eCeP application. However, business entities typically file customs declarations via specialised software or through a representative in the Czech Republic.

Incorrect classification of goods or undervaluation of the price in a customs declaration is a common reason for additional assessment of customs duty and VAT, as well as the initiation of penalty proceedings. The attorneys at ARROWS advokátní kancelář, a Prague-based law firm, work with customs declarants and can assist in resolving disputes over customs value or tariff classification.

What to do if administrative offence proceedings are initiated

If the Czech Trade Inspection Authority (ČOI) or the customs office initiates administrative offence proceedings, the situation is serious.

Course of the proceedings

You will receive a notice of commencement of proceedings or a penalty order. You have the right to comment on the documents underlying the decision, propose evidence, and inspect the file. Do not underestimate passivity, because what you do not raise in time may not be taken into account later in Czech administrative proceedings.

Objection and appeal

An objection against a penalty order may be filed within 8 days of delivery. This cancels the penalty order and the matter continues in standard proceedings. An appeal against a decision in administrative proceedings may be filed within 15 days of notification of the decision. The appellate authority will then review the legality of the procedure.

The attorneys at ARROWS advokátní kancelář, a Prague-based law firm, can represent you at all stages of Czech administrative proceedings, prepare the objection and the appeal, and protect your rights.

Practical prevention tips

• Verify the supplier and documentation before ordering. Request a sample of the instructions and the declaration of conformity before sending payment.
• Consult the labelling. Make sure the packaging contains importer details (you) and Czech-language texts.
• Have a process ready. Knowing who to call when a shipment gets stuck is key.

Conclusion

The suspension of release of a shipment and an inspection by the Czech Trade Inspection Authority (ČOI) is a stressful situation that requires an expert approach. These are two interconnected proceedings, and a mistake in one of them can lead to unnecessary losses. The attorneys at ARROWS advokátní kancelář have been dealing with this area for a long time.

If you are unsure how to proceed, do not hesitate to contact office@arws.cz. The attorneys at ARROWS advokátní kancelář will provide you with legal advice that clearly explains what you can realistically expect and how to proceed under Czech law. ARROWS advokátní kancelář is insured for damages up to CZK 400,000,000, which guarantees you the backing of a strong partner.

FAQ

1. How long can a shipment remain in temporary storage?
Goods in temporary storage may be stored for a maximum of 90 days. Within this period, the goods must be released into a customs procedure or re-exported or destroyed. If the period expires without action, the customs office in the Czech Republic may decide on forfeiture or destruction of the goods.

2. What is the amount of an on-the-spot fine?
For administrative offences under the Czech Consumer Protection Act or the Act on the Czech Trade Inspection Authority (ČOI), an on-the-spot fine is typically imposed up to CZK 10,000. For more serious breaches, the matter is handled in administrative proceedings with higher penalties.

3. What if I do not have documents from the manufacturer?
Without documentation proving conformity, the goods cannot be released for free circulation in the Czech Republic. If you cannot obtain the documents, the goods will most likely need to be re-exported or destroyed.

4. Can I sell the goods and provide the documents later?
No. Placing a product on the market without meeting the technical and administrative requirements is unlawful under Czech legislation. You risk high fines and having to recall products from customers at your own expense.

5. What is the deadline for appealing a fine?
An appeal against a decision of an administrative authority on an administrative offence may be filed within 15 days from the date the decision is notified (served).

6. Can a lawyer help me even if a fine has already been imposed?
Yes, a lawyer can assess whether it is possible to file an appeal or whether extraordinary remedies may be used, or an administrative action. Contact us at office@arws.cz.

Notice: The information contained in this article is of a general informational nature only and is intended for basic orientation in the matter. Although we take maximum care to ensure accuracy, legal regulations and their interpretation evolve over time. To verify the current wording of the regulations and their application to your specific situation, it is therefore necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damages or complications arising from the independent use of the information in this article without our prior individual legal consultation and expert assessment. Each case requires a tailored solution, so please do not hesitate to contact us.

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