1995R1367 — EN — 01.07.1999 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B ►M1 COMMISSION REGULATION (EC) No 1367/95
of 16 June 1995
layingdownprovisionsfortheimplementationofCouncilRegulation(EC)No3295/94layingdown
measures concerning the entry into the Community and the export and re-export from the
Community of goods infringing certain intellectual property rights ◄
(OJ L 133, 17.6.1995, p. 2)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2549/1999 of 2 December 1999 L308 16 3.12.1999
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▼B
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COMMISSION REGULATION (EC) No 1367/95
of 16 June 1995
laying down provisions for the implementation of Council Regula-
tion (EC) No 3295/94 laying down measures concerning the entryinto the Community and the export and re-export from theCommunity of goods infringing certain intellectual property rights
▼
B
THE COMMISSIONOF THE EUROPEANCOMMUN ITIES,
Having regard to the Treaty establishing the European Community,
HavingregardtoCouncilRegulation(EC)No3295/94of22December
1994 laying down measures to prohibit the release for free circulation,export,re-exportorentryforasuspensiveprocedureofcounterfeitandpirated goods, and in particular Articles 12, 13 and 14 thereof(
1),
WhereasRegulation(EC)No3295/94introducedcommonruleswitha
view to prohibiting the release for free circulation, export, re-export orentry for a suspensive procedure of counterfeit and pirated goods anddealing effectively with the illegal marketing of such goods withoutimpeding the freedom of legitimate trade;
Whereas the nature of the proof of ownership of intellectual property
requiredbythesecondindentofthefirstsubparagraphofArticle3(2)of Regulation (EC) No 3295/94 should be established;
Whereas Article 14 of Regulation (EC) No 3295/94 provides that
Member States are to communicate to the Commission all relevantinformationforapplyingthatRegulationandthattheCommissionistocommunicatethatinformationtotheotherMemberStates;whereastheprocedure for exchanging that information should be laid down;
Whereas Commission Regulation (EEC) No 3077/87(
2) should be
repealed;
WhereasthemeasuresprovidedforinthisRegulationareinaccordance
with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
►M1For the purposes of Article 1(2)(b) of Regulation (EC) No
3295/94 ◄,hereinafterreferredtoas‘thebasicRegulation'theholder
of a right or any other person authorized to use the right may berepresented by a natural or legal person; such a person includes acollectingsocietywhichhasasitssoleorprincipalpurposethemanage-ment or administration of copyrights or neighbouring rights.
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Article 2
The evidence that the applicant holds an intellectual property right
referred to in Article 1(2)(a) of the basic Regulation, which must besubmitted when applying for action in accordance with the secondindentofthefirstsubparagraphofArticle3(2)ofthatRegulation,shallbe as follows:
(a) where the holder of the right makes himself the application:
— inthecaseofarightthatisregisteredorforwhichanapplica-
tion has been lodged, proof of registration with the relevantoffice or lodging of the application,
(1) OJ No L 341, 30. 12. 1994, p. 8.
(2) OJ No L 291, 15. 10. 1987, p. 19.
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— in the case of a copyright, neighbouring right or design right
whichisnotregisteredorforwhichanapplicationhasnotbeenlodged, any evidence of authorship or of his status as originalholder;
(b) wheretheapplicationismadebyanyotherpersonauthorisedtouse
one of the rights referred to in Article 1(2)(a) of the basic Regula-tion,inadditiontotheproofrequiredunderpoint(a)ofthisArticle,thedocumentbyvirtueofwhichthepersonisauthorisedtousetheright in question;
(c) wherearepresentativeoftheholderorofanyotherpersonauthor-
ised to use one of the rights referred to in Article 1(2)(a) of thebasic Regulation applies, in addition to the proof required underpoints (a) and (b) of this Article, proof of authorisation to act.
Article 2a
1. TheformonwhichtheapplicationforactionreferredtoinArticle
3(1), second subparagraph, of the basic Regulation, as well as theDecisiongrantingtheapplicationreferredtoinArticle3(5)ofthebasicRegulation, shall conform to the specimen shown in the Annex to thisRegulation.
Where additional pages are to be used, as referred to in the second
subparagraphofparagraph8,theyshallbeconsideredtobeanintegralpart of the form.
The form shall be used in accordance with the provisions of the basic
Regulation and of this implementing Regulation.
2. (a) the form shall be printed on white paper, without mechanical
pulp, dressed for writing purposes and weighing not less than55g/m
2;
(b) theformsshallmeasure210millimetres×297millimetres,with
amaximumtoleranceastolengthof5mmlessand8mmmore.
3. Withoutprejudicetotheimplementationoftheprovisionssetout
in Article 3(1), third subparagraph, of the basic Regulation, MemberStatesshallprintorhaveprintedformswhichbearanindicationofthename and address of the printer or a sign allowing its identification.
4. Formsshallbeprintedandfilledoutinanofficiallanguageofthe
Community designated by the competent authorities of the MemberState in which the application for action is submitted.
5. Except in the case where the form is made available to the
applicantinanelectronicformat,atoneormorepubliclyavailablesitesdirectlyaccessibleviaacomputer,theapplicationforactionformshallbe provided, on request, by the appropriate service of the customsauthority referred to in Article 3(1) of the basic Regulation.
6. Formsshallbefilledinbymechanicalmeansorlegiblybyhand;
inthelattercase,theyshallbefilledinusinginkandinblockcapitals.Whatevertheprocessused,formsshallnotcontainerasures,overwrittenwords or other alterations.
Should the form be completed by computer, it may subsequently be
reproduced by private printing methods.
7. The form shall be composed of two copies:
— one copy, marked number 1, for the Member State to which the
application for action is submitted, and
— onecopy,markednumber2,fortheholderoftheCommunitytrade
mark.
8. The applicant shall complete boxes 1 to 9 of the form, sign both
copies and attach to it the justification and other relevant informationreferred to in Article 3(2) of the basic Regulation.
Shouldthespaceinbox4oftheformbeinsufficient,theapplicantmay
provide,onadditionalpages,furtherdetailstoassistintheidentification
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of the goods. In this case, the applicant shall indicate the number ofadditional pages used in the space provided in box 4 of the form.
9. The duly completed and signed form, accompanied by a number
ofextractscorrespondingtothenumberofMemberStatesindicatedinbox8oftheform,aswellastheevidenceandinformationreferredtoinparagraph8,shallbesubmittedtotheappropriateserviceofthecustomsauthority referred to in Article 3(1) of the basic Regulation.
10. Whentheappropriateserviceofthecustomsauthorityreferredto
in Article 3(1) of the basic Regulation approves an application foraction,itshallindicatethefinaldateofvalidityofthedecisionandaffixitssignatureandstamp.ThecopyfortheholderoftheCommunitytrademark as well as the validated extracts shall then be returned to theapplicant.
Whentherequestforassistanceisrejectedbytheappropriateserviceof
thecustomsauthorityreferredtoinArticle3(1)ofthebasicRegulation,itshallindicatenotonlythereasonsfortherefusal,butalsothecontactdetailsoftheauthoritytowhichanappealcanbemadeandshallaffixitsstampandsignature.ThecopyfortheholderoftheCommunitytrademark shall then be returned to the interested party.
In all cases, the copy of the form for the Member State in which the
applicationforactionissubmittedshallberetainedandpreservedinitsfiles for at least two years from the date of issue.
11. Only in cases where the extract of a decision granting the
applicationisaddressedtotheMemberState(s)wheretheapplicanthasrequested that action be taken in accordance with Article 5(2), secondsubparagraph, second sentence, the Member State which receives thisextract shall complete without delay the part ‘acknowledgement ofreceipt' of the form by indicating the date of receipt, and return aphotocopy of this extract to the relevant authority indicated in box 3.
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B
Article 3
The pertinent information referred to in the second subparagraph of
Article 3 (2) of the basic Regulation shall include particulars of thegoods, notably their value and their packaging, plus any informationthat could help distinguish them from goods for which there is aprotectedright.underthetermsofthesecondsubparagraphofArticle3(2), this information should be as detailed as possible to enable thecustoms authorities, using risk analysis, to identify suspect consign-ments accurately and without excessive effort.
Article 4
If an application is lodged in accordance with Article 4 of the basic
Regulationbeforeexpiryofthetime-limitofthreedays,thetime-limitsreferredtoinArticle7oftheRegulationshallbecountedfromthedayof receipt of the request for action.
If the customs authority suspends release of the goods or detains them
in accordance with Article 4 of the basic Regulation, it shall forthwithinform the declarant.
Article 5
1. Each Member State shall, at the earliest opportunity, send the
Commission details of:
(a) thelaws,regulationsoradministrativeprovisionswhichitadoptsin
implementation of this Regulation. It shall likewise inform theCommission of any provisions of its national law which precludeinformingtheholderasprovidedforinthesecondsubparagraphofArticle 6 (1) and in Article 8 (3) of the basic Regulation;
(b) the competent customs department responsible for receiving and
handlingtheholder’swrittenapplication,referredtoinArticle3(8)of the basic Regulation.
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2. ToenabletheCommissiontomonitortheeffectiveapplicationofthe procedure laid down by the basic Regulation and draw up, in duecourse, the report referred to in Article 15 thereof, each Member Stateshall send the Commission:
(a) attheendofeachcalendaryear,alistofallthewrittenapplications
underArticle3(1)ofthebasicRegulation,togetherwiththenameand address of the holder, a brief description of the goods and,where relevant, the trademark, and the action taken in response tothe application;
(b) at the end of each quarter, a list of specific cases in which goods
have been detained or their release suspended. The informationprovided on each case must include:
— the name and address of the holder of the right and a brief
descriptionofthegoodsand,whererelevant,thetrademark,and
— the customs situation, country of consignment or destination,
description,quantityanddeclaredvalueofthegoodsthereleaseofwhichhasbeensuspendedorwhichhavebeendetained,andthe date of such suspension or detention.
3. TheCommissionshall,inanappropriatemanner,communicateto
all Member States such information as it receives pursuant to thisArticle.Detailsofcasesprovidedforinpoint(b)ofparagraph2shallbesent quarterly to the Member States by the Commission.
4. Details communicated pursuant to paragraphs 1, 2 and 3 may be
used only for the purposes established by the basic Regulation.
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5. The Commission shall publish in the ‘C'series of the Official
Journal of the European Communities thelistoftheserviceswithinthe
customs authority which are referred to in Article 3(8) of the basicRegulation.
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Article 6
Regulation (EEC) No 3077/87 is hereby repealed with effect from 1
July 1995.
Article 7
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 July 1995.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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ANNEX
Standard from for an application for action in respect of a Community trade mark
11.Name, capacity and address of applicant
[Holder of a Community trade mark within the meaning of Article
1(2)(b) of Regulation (EC) no3295/94]
Name:
Function:Address:
Postal code: Town:
Country:Phone:Fax:E-mail:APPLICATION FOR ACTION
BY
CUSTOMS AUTHORITIES
under the second subparagraph of Article 3(1) of Regulation
(EC) No 3295/94COPY FOR THE INITIAL MEMBER STATE2.Status of applicant (1)
holder of Community trade mark
person authorised to use Community trade mark
representative of Community trade mark holder
representative of person authorised to use Community trade3.Competent authority to which application is made
1mark
4.Essential information regarding the goods (type, CN code(2) marks, packing, etc.
See also attached additional page(s), the number of pages being:(1)
5.Member States in which action by customs authorities is requested (1)
AT
BE
DEDK
EL
ESFR
IE
ITLU
NL
PTFI
SE
GBXX
YY
ZZ
6.Contact person:
Phone:Fax:
E-mail:7.Place:
Date:Signature:
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8.Person to contact in other Member State(s) where action is requested (1):
BE Name:
Address:
Phone:
Fax:DK Name:
Address:
Phone:
Fax:DE Name:
Address:
Phone:
Fax:EL Name:
Address:
Phone:
Fax:
ES Name:
Address:
Phone:
Fax:FI Name:
Address:
Phone:
Fax:FR Name:
Address:
Phone:
Fax:IE Name:
Address:
Phone:
Fax:
IT Name:
Address:
Phone:
Fax:LU Name:
Address:
Phone:
Fax:AT Name:
Address:
Phone:
Fax:NL Name:
Address:
Phone:
Fax:
PT Name:
Address:
Phone:
Fax:SE Name:
Address:
Phone:
Fax:GB Name:
Address:
Phone:
Fax:Name:
Address:
Phone:
Fax:
9.Attached documentation indicating ownership of a Community trade mark for the purposes of Article 1(2)(b) of Regulation (EC) No 3295/94
DECISION BY CUSTOMS AUTHORITY
This application has been approved(1)(3)
Decision valid until (3):Place and date (3):
Signature and stamp (3):
This application has been rejected. The grounds for refusal and the
appeal procedure are explained in the annex to this document(1)(3)Place and date (3):
Signature and stamp (3):
ACKNOLEDGEMENT OF RECEIPT (1)
AT
BE
DEDK
EL
ESFR
IE
ITLU
NL
PTFI
SE
GBAuthority’s name:
Place and date received (4):
Signature and stamp (4):
(1) Tick the appropriate box.
(2) Optional data.
(3) To be completed by the customs authority indicated in box 3.
(4) To be completed, where appropriate, by the competent authority of the Member State in which action has been requested in accordance with
Article 5(2), second subparagraph, second sentence of Regulation (EC) No 3295/95.
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21.Name, capacity and address of applicant
[Holder of a Community trade mark within the meaning of Article
1(2)(b) of Regulation (EC) No 3295/94]
Name:
Function:Address:
Postal code: Town:
Country:Phone:Fax:E-mail:APPLICATION FOR ACTION
BY
CUSTOMS AUTHORITIES
under the second subparagraph of Article 3(1) of Regulation
(EC) No 3295/94COPY
FOR
THE
HOLDER
OF
THE
COMMUNITY
TRADE
MARK
2.Status of applicant (1)
holder of Community trade mark
person authorised to use Community trade mark
representative of Community trade mark holder
representative of person authorised to use Community trade3.Competent authority to which application is made
2mark
4.Essential information regarding the goods (type, CN code (2), marks, packing, etc.
See also attached additional page(s), the number of pages being:(1)
5.Member States in which action by customs authorities is requested (1)
AT
BE
DEDK
EL
ESFR
IE
ITLU
NL
PTFI
SE
GBXX
YY
ZZ
6.Contact person:
Phone:Fax:
E-mail:7.Place:
Date:Signature:
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8.Representative of the holder of the trade mark in other Member State(s) where action is requested (1):
BE Name:
Address:
Phone:
Fax:DK Name:
Address:
Phone:
Fax:DE Name:
Address:
Phone:
Fax:EL Name:
Address:
Phone:
Fax:
ES Name:
Address:
Phone:
Fax:FI Name:
Address:
Phone:
Fax:FR Name:
Address:
Phone:
Fax:IE Name:
Address:
Phone:
Fax:
IT Name:
Address:
Phone:
Fax:LU Name:
Address:
Phone:
Fax:AT Name:
Address:
Phone:
Fax:NL Name:
Address:
Phone:
Fax:
PT Name:
Address:
Phone:
Fax:SE Name:
Address:
Phone:
Fax:GB Name:
Address:
Phone:
Fax:Name:
Address:
Phone:
Fax:
9.Attached documentation indicating ownership of a Communioty trade mark for the purposes of Article 1(2)(b) of Regulation (EC) no3295/94
DECISION BY CUSTOMS AUTHORITY
This application has been rejected(1)(3)
Decision valid until (3)Place and date (3):
Signature and stamp (3):
This application has been rejected. The grounds for refusal and the
appeal procedure are explained in the annex to this document (1)(3)Place and date (3):
Signature and stamp (3):
ACKNOWLEDGEMENT OF RECEIPT (1)
AT
BE
DEDK
EL
ESFR
IE
ITLU
NL
PTFI
SE
GBAuthority’s name:
Place and date received (4):
Signature and stamp (4):
(1) Tick the appropriate box.
(2) Optional data.
(3) To be completed by the customs authority indicated in box 3
(4) To be completed, where appropriate, by the competent authority of the Member State in which action has been requested in accordance with
Article 5(2), second subparagraph, second sentence of Regulation (EC) no3295/94 .