1994R3295 — 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 COUNCIL REGULATION (EC) No 3295/94
of 22 December 1994
laying down 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 341, 30.12.1994, p. 8)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 241/1999 of 25 January 1999 L27 1 2.2.1999
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COUNCIL REGULATION (EC) No 3295/94
of 22 December 1994
laying down measures concerning the entry into the Community
and the export and re-export from the Community of goods
infringing certain intellectual property rights
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THE COUNCIL OF THE EUROPEAN UNION,
HavingregardtotheTreatyestablishingtheEuropeanCommunity,and
in particular Article 113 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
HavingregardtotheopinionoftheEconomicandSocialCommittee(3),
Whereas Council Regulation (EEC) No 3842/86 of 1 December 1986
laying down measures to prohibit the release for free circulation ofcounterfeit goods(
4) has been in force since 1 January 1988; whereas
conclusions should be drawn from the experience gained during theearly years of its implementation with a view to improving the opera-tion of the system it set up;
Whereas the marketing of counterfeit goods and pirated goods causes
considerable injury to law-abiding manufacturers and traders and toholdersofthecopyrightorneighbouringrightsandmisleadsconsumers;whereas such goods should as far as possible be prevented from beingplaced on the market and measures should be adopted to that end todealeffectivelywiththisunlawfulactivitywithoutimpedingtofreedomoflegitimatetrade;whereasthisobjectiveisalsobeingpursuedthroughefforts being made along the same lines at international level;
Whereas, in so far as counterfeit or pirated goods and similar products
areimportedfromthirdcountries,itisimportanttoprohibittheirreleasefor free circulation in the Community or their entry for a suspensiveprocedureandtosetupanappropriateprocedureenablingthecustomsauthorities to act to ensure that such a prohibition can be properlyenforced;
Whereas action by the customs authorities to prohibit the release for
free circulation of counterfeit or pirated goods or their entry for asuspensive procedure should also apply to the export or re-export ofsuch goods from the Community;
Whereas, as regards suspensive procedures and re-export subject to
notification, action by the customs authorities will take place onlywhere suspected counterfeit or pirated goods are discovered during acheck;
Whereas the Community takes into account the terms of the GATT
agreementontrade-relatedintellectualpropertyissues,includingatradein counterfeit goods, in particular the measures to be taken at thefrontier;
Whereas provision should be made that the customs authorities are
empoweredtotakedecisionsonapplicationsforactiontobetakenthatare submitted to them;
Whereas action by the customs authorities should consist either in
suspendingthereleaseforfreecirculation,exportorre-exportofgoodssuspected of being counterfeit or pirated or in detaining such goodswhentheyareenteredforasuspensiveprocedureorre-exportedsubject
(1) OJ No C 238, 2. 9. 1993, p. 9.
(2) OJ No C 61, 28. 2. 1994.
(3) OJ No C 52, 19. 2. 1994, p. 37.
(4) OJ No L 357, 18. 12. 1986, p. 1.
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tonotificationforaslongasisnecessarytoenableittobedetermined
whether the goods are actually counterfeit or pirated;
Whereas it is appropriate to authorize the Member States to detain the
goodsinquestionforacertainperiodevenbeforeanapplicationbytherightholderhasbeenlodgedorapprovedinordertoallowhimtolodgean application for action by the customs authorities;
Whereasthecompetentauthorityshoulddecidecasessubmittedtoitby
reference to the criteria which are used to determine whether goodsproduced in the Member State concerned infringe intellectual propertyrights; whereas Member States’ provisions on the competence of thejudicial authorities and procedures are not affected by this Regulation;
Whereas it is necessary to determine the measures to be applied to the
goods in question where it is established that they are counterfeit orpirated; whereas those measures should not only deprive those respon-siblefortradinginsuchgoodsoftheeconomicbenefitsofthetransac-tion and penalize them but also constitute an effective deterrent tofurther transactions of the same kind;
Whereas in order to avoid serious disruption to the clearing of goods
containedintravellers’personalluggage,itisnecessarytoexcludefromthescopeofthisRegulationgoodswhichmaybecounterfeitorpiratedwhichareimportedfromthirdcountrieswithinthelimitslaiddownbyCommunity rules in respect of relief from customs duty;
Whereas uniform application of the common rules laid down by this
Regulation must be ensured and to that end a Community proceduremust be established enabling measures implementing these rules to beadopted within appropriate periods and mutual assistance between theMemberStates,oftheonepart,andbetweentheMemberStatesandtheCommission,oftheotherpart,tobestrengthenedsoastoensuregreatereffectiveness;
Whereas it will be appropriate to consider the possibility of increasing
thenumberofintellectualpropertyrightscoveredbythisRegulationinthe light, inter alia,of the experience gained in its implementation;
Whereas Regulation (EEC) No 3842/86 should therefore be repealed,
HAS ADOPTED THIS REGULATION:
CHAPTER I
General
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Article 1
1. This Regulation lays down:
(a) theconditionsunderwhichthecustomsauthoritiesshalltakeaction
wheregoodssuspectedofbeinggoodsreferredtoinparagraph2(a)are:
— entered for free circulation, export or re-export, in accordance
withArticle61ofCouncilRegulation(EEC)No2913/92of12October 1992 establishing the Community Customs Code(
1),
— foundinthecourseofchecksongoodsundercustomssupervi-
sion within the meaning of Article 37 of Council Regulation(EEC)No2913/92,placedunderasuspensiveprocedurewithinthe meaning of Article 84(1)(a) of that Regulation, re-exportedsubjecttonotificationorplacedinafreezoneorfreewarehousewithin the meaning of Article 166 thereof;
(1) OJ L 302, 19. 10. 1992, p. 1.
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and
(b) themeasureswhichshallbetakenbythecompetentauthoritieswith
regard to those goods where it has been established that they areindeed goods referred to in paragraph 2(a).
2. For the purposes of this Regulation:
(a) ‘goods infringing an intellectual property right'means
— ‘counterfeit goods',namely:
— goods, including the packaging thereof, bearing without
authorisation a trade mark which is identical to the trademarkvalidlyregisteredinrespectofthesametypeofgoods,or which cannot be distinguished in its essential aspectsfromsuchtrademark,andwhichtherebyinfringestherightsof the holder of the trade mark in question underCommunity law or the law of the Member State where theapplication for action by the customs authorities is made,
— any trade mark symbol (logo, label, sticker, brochure,
instructionsforuse,guaranteedocument)whetherpresentedseparately or not, in the same circumstances as the goodsreferred to in the first indent,
— packaging materials bearing the trade marks of counterfeit
goods,presentedseparatelyinthesamecircumstancesasthegoods referred to in the first indent;
— ‘pirated goods', namely: goods which are or embody copies
made without the consent of the holder of the copyright orneighbouring rights, or of the holder of a design right, whetherregisteredundernationallawornot,orofapersondulyauthor-ised by the holder in the country of production, where themaking of those copies infringes the right in question underCommunity law or the law of the Member State in which theapplication for action by the customs authorities is made;
— goodsinfringing,intheMemberStateinwhichtheapplication
foractionbythecustomsauthoritiesismade,apatentunderthelawofthatMemberStateorasupplementaryprotectioncertifi-cate as provided for by Council Regulation (EEC) No 1768/92(
1) or Regulation (EC) No 1610/96 of the European Parlia-
ment and of the Council(2);
(b) ‘holder of a right'means the holder of a trade mark, a patent or a
certificate and/or one of the rights referred to in (a), or any otherperson authorised to use that trademark, patent, certificate and/orright, or a representative thereof;
(c) ‘Communitytrademark'meansthetrademarkdefinedinArticle1of
Council Regulation (EC) No 40/94(
3);
(d) ‘certificate'meansthesupplementaryprotectioncertificateprovided
for by Regulation (EEC) No 1768/92 or by Regulation (EC) No1610/96.
3. Anymouldormatrixwhichisspecificallydesignedoradaptedfor
themanufactureofacounterfeittrademarkorofgoodsbearingsuchatrade mark, for the manufacture of goods infringing a patent or acertificate or for the manufacture of pirated goods shall be treated asgoods referred to in paragraph 2(a), provided that the use of suchmoulds or matrices infringes the rights of the holder of the right inquestion under Community law or the law of the Member State inwhich the application for action by the customs authorities is made.
4. ThisRegulationshallnotapplytogoodswhichbearatrademark
withtheconsentoftheholderofthattrademarkorwhichareprotectedbyapatentoracertificate,byacopyrightorneighbouringrightorbyadesignrightandwhichhavebeenmanufacturedwiththeconsentofthe
(1) OJ L 182, 2. 7. 1992, p. 1.
(2) OJ L 198, 8. 8. 1996, p. 30.
(3) OJ L 11, 4. 1. 1994, p. 1.
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holderoftherightbutareplacedinoneofthesituationsreferredtoinparagraph 1(a) without the latter’s consent.
Itshallsimilarlynotapplytogoodsreferredtointhefirstsubparagraph
which have been manufactured or bear a trade mark under conditionsother than those agreed with the holder of the rights in question.
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CHAPTER II
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Prohibition of the entry, release for free circulation, export, re-export, placing under a suspensive procedure, or placing in a freezone or free warehouse, of goods infringing certain intellectual
property rights
Article 2
The entry into the Community, release for free circulation, export,
re-export, placing under a suspensive procedure or placing in a freezone or free warehouse of goods found to be goods referred to inArticle1(2)(a)oncompletionoftheprocedureprovidedforinArticle6shall be prohibited.
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CHAPTER III
Application for action by the customs authorities
Article 3
1. IneachMemberState,theholderofarightmaylodgeanapplica-
tion in writing with the competent service of the customs authority foractionbythecustomsauthoritieswherethegoodsareplacedinoneofthe situations referred to in Article 1 (1) (a).
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Where the applicant holds a Community trade mark, the applicationmay seek action not only by the customs authorities of the MemberState in which the application is lodged but by the customs authoritiesof one or more other Member States as well.
Where electronic data interchange systems exist, Member States may
providethattheapplicationforcustomsactioncanbemadebyusingadata processing technique.
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2. The application referred to in paragraph 1 shall include:
— asufficientlydetaileddescriptionofthegoodstoenablethecustoms
authorities to recognize them,
— proof that the applicant is the holder of the right for the goods in
question.
Theholderoftherightmustalsoprovideallotherpertinentinformation
available to him to enable the competent customs service to take adecisioninfullknowledgeofthefactswithout,however,thatinforma-tion being a condition of admissibility of the application.
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Bywayofindication,inthecaseofpiratedgoodsorofgoodsinfringing
patents or certificates, that information shall, wherever possible,include:
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— the place where the goods are situated or the intended destination,— particulars identifying the consignment or packages,— the scheduled date of arrival or departure of the goods,
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— the means of transport used,
— the identity of the importer, exporter or holder.
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3. Savewherethesecondsubparagraphofparagraph1isapplied,theapplication must specify the length of the period during which thecustoms authorities are requested to take action.
Applications under the second subparagraph of paragraph 1 shall indi-
cate the Member State or States in which the customs authorities arerequested to take action.
4. The applicant may be charged a fee to cover the administrative
costs incurred in dealing with the application.
Theapplicantorhisrepresentativemayalsobechargedafeeineachof
theMemberStateswherethedecisiongrantingtheapplicationiseffec-tive, to cover the costs incurred in implementing the said decision.
Such fees shall not be disproportionate to the service provided.
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5. The competent customs service with which an application drawnuppursuanttoparagraph2hasbeenlodgedshalldealwiththeapplica-tion and shall forthwith notify the applicant in writing of its decision.
Where that service grants the application, the service shall specify the
period during which the customs authorities shall take action. Thatperiodmay,uponapplicationbytheholderoftheright,beextendedbythe service which took the initial decision.
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Where an application is submitted under the second subparagraph ofparagraph 1 the said period shall be set at one year, but may beextendedforafurtheryear,attheright-holder’srequest,bytheservicewhich took the original decision
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Anyrefusaltograntanapplicationshallgivethereasonsforrefusalandmay form the subject of an appeal.
6. Member States may require the holder of a right, where his
applicationhasbeengranted,orwhereactionasreferredtoinArticle1(1) (a) has been taken pursuant to Article 6 (1), to provide a security:
— to cover any liability on his part vis-à-visthe persons involved in
one of the operations referred to in Article 1 (1) (a) where theprocedureinitiatedpursuanttoArticle6(1)isdiscontinuedowingtoanactoromissionbytheholderoftherightorwherethegoodsinquestion are subsequently found not be ►
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Article 1(2)(a) ◄,
— to ensure payment of the costs incurred in accordance with this
Regulation,inkeepingthegoodsundercustomscontrolpursuanttoArticle 6.
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Where an application is submitted under the second subparagraph ofparagraph1,thesecurityshallbeprovidedineachoftheMemberStatesin which it is required and the decision granting the application iseffective.
7. Theholderoftherightisrequiredtoinformtheservicereferredto
in paragraph 1 and, where appropriate, the service or services referredtointhesecondsubparagraphofArticle5(2),ifhisrightshouldhappenno longer to be validly registered or to have expired.
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8. EachMemberStateshalldesignatetheservicewithinthecustomsauthoritycompetenttoreceiveanddealwiththeapplicationsreferredtoin this Article.
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9. Paragraphs1to8shallapply mutatis mutandis totheextensionof
the decision on the original application.
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Article 4
Where,inthecourseofchecksmadeunderoneofthecustomsproced-
ures referred to in Article 1 (1) (a) and before an application by theholder of the right has been lodged or approved, it appears evident tothe customs office that goods are ►
M1goods referred to in Article
1(2)(a)◄, the customs authority may, in accordance with the rules in
force in the Member States concerned, notify the holder of the right,whereknown,ofapossibleinfringementthereof.Thecustomsauthorityshallbeauthorizedtosuspendreleaseofthegoodsordetainthemforaperiodofthreeworkingdaystoenabletheholderoftherighttolodgean application for action in accordance with Article 3.
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Article 5
1. The decision granting the application by the holder of the right
shall be forwarded immediately to the customs offices of the MemberState which are liable to be concerned with the goods alleged in theapplication to be goods referred to in Article 1(2)(a).
2. Whereanapplicationissubmittedunderthesecondsubparagraph
of Article 3(1), the first indent of Article 250 of Regulation (EEC) No2913/92 shall apply mutatis mutandis to the decision granting the saidapplication and the decisions extending or repealing it.
Whenthedecisiongrantingthesaidapplicationhasbeentaken,itshall
be up to the applicant to forward that decision together, where appro-priate, with any other useful information and any translations to thecustoms-authorityservicereferredtointhefirstsubparagraphofArticle3(1) in the Member State or States where the applicant has requestedthatactionbetaken.However,withtheagreementoftheapplicant,theinformationandtranslationsmaybeforwardeddirectlybythecustoms-authority service which took the decision. The applicant shall provideadditional information as deemed necessary for the execution of thedecision,attherequestofthecustomsauthoritiesoftheotherMemberStates concerned.
TheperiodreferredtointhethirdsubparagraphofArticle3(5)shallrun
fromthedateonwhichthedecisiongrantingtheapplicationwastaken.The said decision shall not enter into force in the Member State orStates to which it is addressed until the submission referred to in thesecond subparagraph has been made and, where appropriate, until thefeereferredtointhesecondsubparagraphofArticle3(4)hasbeenpaidandthesecurityreferredtoinArticle3(6)hasbeenprovided.However,the period of validity of the said decision may not, in any circum-stances,exceedtheperiodofoneyearfromthedateofadoptionofthedecision granting the original application.
The said decision shall then be forwarded immediately to the national
customs offices liable to be concerned with the alleged counterfeitgoods to which it relates.
This paragraph shall apply mutatis mutandis to any decision to extend
the original decision.
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CHAPTER IV
Conditions governing action by the customs authorities and by the
authority competent to take a substantive decision
Article 6
1. Whereacustomsofficetowhichthedecisiongrantinganapplica-
tionbytheholderofarighthasbeenforwardedpursuanttoArticle5issatisfied, after consulting the applicant where necessary, that goodsplacedinoneofthesituationsreferredtoinArticle1(1)(a)correspond
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to the description of the ►M1goods referred to in Article 1(2)(a) ◄
containedinthatdecision,itshallsuspendreleaseofthegoodsordetainthem.
The customs office shall immediately inform the service which dealt
with the application in accordance with Article 3. That service or thecustomsoffice,shallforthwithinformthedeclarantandthepersonwhoappliedforactiontobetaken.Inaccordancewithnationalprovisionsonthe protection of personal data, commercial and industrial secrecy andprofessionalandadministrativeconfidentiality,thecustomsofficeortheservice which dealt with the application shall notify the holder of theright, at his request, of the name and address of the declarant and, ifknown,ofthoseoftheconsigneesoastoenabletheholderoftherightto ask the competent authorities to take a substantive decision. Thecustoms office shall afford the applicant and the persons involved inany of the operations referred to in Article 1 (1) (a) the opportunity toinspectthegoodswhosereleasehasbeensuspendedorwhichhavebeendetained.
When examining the goods the customs office may take samples in
order to expedite the procedure.
2. ThelawinforceintheMemberStatewithintheterritoryofwhich
thegoodsareplacedinoneofthesituationsreferredtoinArticle1(1)(a) shall apply as regards:
(a) referral to the authority competent to take a substantive decision
andimmediatenotificationofthecustomsserviceorofficereferredtoinparagraph1ofthatreferral,unlessreferraliseffectedbythatservice or office;
(b) reachingthedecisiontobetakenbythatauthority.Intheabsenceof
Community rules in this regard, the criteria to be used in reachingthatdecisionshallbethesameasthoseusedtodeterminewhethergoods produced in the Member State concerned infringe the rightsof the holder. Reasons shall be given for decisions adopted by thecompetent authority.
Article 7
1. If,within10workingdaysofnotificationofsuspensionofrelease
or of detention, the customs office referred to in Article 6 (1) has notbeen informed that the matter has been referred to the authoritycompetenttotakeasubstantivedecisiononthecaseinaccordancewithArticle6(2)orthatthedulyempoweredauthorityhasadoptedinterimmeasures, the goods shall be released, provided that all the customsformalities have been complied with and the detention order has beenrevoked.
This period may be extended by a maximum of 10 working days in
appropriate cases.
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2. Inthecaseofgoodssuspectedofinfringingpatents,certificatesordesign rights, the owner, importer or consignee of the goods shall beable to have the goods in question released or their detention revokedagainst provision of a security, provided that:
(a) the customs service or office referred to in Article 6(1) has been
informed, within the time limit referred to in paragraph 1 of thisArticle,thatthematterhasbeenreferredtotheauthoritycompetenttotakeasubstantivedecisionreferredtointheaforesaidparagraph1;
(b) on expiry of the time limit, the authority empowered for this
purpose has not imposed interim measures; and
(c) all the customs formalities have been completed.
The security must be sufficient to protect the interests of the holder of
the right. Provision of the security shall be without prejudice to theother remedies open to the holder of the right. Where the matter hasbeen referred to the authority competent to take a substantive decisionother than on the initiative of the holder of the patent, certificate ordesign right, the security shall be released if that person does not
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exercisehisrighttoinstitutelegalproceedingswithin20workingdays
of the date on which he is notified of the suspension of release ordetention. Where the second subparagraph of paragraph 1 applies, thisperiod may be extended to a maximum of 30 working days.
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3. The conditions governing storage of the goods during the periodof suspension of release or detention shall be determined by eachMember State.
CHAPTER V
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Provisions applicable to goods found to be goods infringing an
intellectual property right
Article 8
1. Withoutprejudicetotheotherformsoflegalrecourseopentothe
right-holder,MemberStatesshalladoptthemeasuresnecessarytoallowthe competent authorities:
(a) asageneralrule,andinaccordancewiththerelevantprovisionsof
national law, to destroy goods found to be goods referred to inArticle 1(2)(a), or dispose of them outside the channels ofcommerce in such a way as to preclude injury to the holder of theright, without compensation of any sort and without cost to theExchequer;
(b) to take, in respect of such goods, any other measures having the
effect of effectively depriving the persons concerned of theeconomic benefits of the transaction.
Saveinexceptionalcases,simplyremovingthetrademarkswhichhave
beenaffixedtothecounterfeitgoodswithoutauthorisationshallnotberegarded as having such effect.
2. ThegoodsreferredtoinArticle1(2)(a)maybehandedovertothe
Exchequer. In that case, paragraph 1(a) shall apply.
3. In addition to the information given pursuant to the second
subparagraphofArticle6(1)andundertheconditionslaiddowntherein,the customs office or the competent service shall inform the holder oftheright,uponrequest,ofthenamesandaddressesoftheconsignor,oftheimporterorexporterandofthemanufacturerofthegoodsfoundtobegoodsreferredtoinArticle1(2)(a)andofthequantityofthegoodsin question.
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CHAPTER VI
Final provisions
Article 9
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1. Save as provided by the law of the Member State in which anapplication in accordance with Article 3(2) is lodged or, in the case ofanapplicationunderthesecondsubparagraphofArticle3(1),bythelawof the Member State in which goods referred to in Article 1(2)(a)escape detection by a customs office, the acceptance of an applicationshallnotentitletheholderofarighttocompensationwheresuchgoodsare not detected by a customs office and are released or no action istaken to detain them in accordance with Article 6(1).
2. Save as provided by the law of the Member State in which the
application is made or, in the case of an application under the secondsubparagraphofArticle3(1),bythelawoftheMemberStateinwhichloss or damage is incurred, exercise by a customs office or by anotherdulyempoweredauthorityofthepowersconferredontheminregardtotaking measures against goods referred to in Article 1(2)(a) shall notrender them liable towards the persons involved in the operations
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referredtoinArticle1(1)(a)orArticle4,intheeventoftheirsuffering
loss or damage as a result of their action.
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3. ThecivilliabilityoftheholderofarightshallbegovernedbythelawoftheMemberStateinwhichthegoodsinquestionwereplacedinone of the situations referred to in Article 1 (1) (a).
Article 10
This Regulation shall not apply to goods of a non-commercial nature
containedintravellers’personalluggagewithinthelimitslaiddowninrespect of relief from customs duty.
Article 11
Moreover, each Member State shall introduce penalties to apply in the
event of infringements of Article 2. ►
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effective and proportionate and constitute an effective deterrent. ◄
Article 12
TheprovisionsnecessaryfortheapplicationofthisRegulationshallbe
adopted in accordance with the procedure laid down in Article 13 (3)and (4).
Article 13
1. TheCommissionshallbeassistedbytheCommitteesetupunder
Article 247 of Regulation (EEC) No 2913/92.
2. TheCommitteeshallexamineanymatterconcerningimplementa-
tionofthisRegulationwhichitschairmanmayraise,eitheronhisowninitiative or at the request of the representative of a Member State.
3. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion on the draft within a time limit which the chairmanmay lay down according to the urgency of the measures to be taken.TheopinionshallbedeliveredbythemajoritylaiddowninArticle148(2)oftheTreatyinthecaseofdecisionswhichtheCouncilisrequiredtoadoptonaproposalfromtheCommission.Thevotesoftherepresen-tativesoftheMemberStateswithintheCommitteeshallbeweightedinthe manner set out in that Article. The chairman shall not vote.
4. The Commission shall adopt measures which shall apply imme-
diately. However, if the measures are not in accordance with theopinionoftheCommittee,theyshallbecommunicatedbytheCommis-sion to the Council forthwith. In the event:
— theCommissionshalldeferapplicationofthemeasureswhichithas
decided for not more than three months from the date of theircommunication,
— the Council, acting by a qualified majority, may take a different
decision within the time limit provided for in the first indent.
Article 14
Member States shall communicate all relevant information on the
application of this Regulation to the Commission.
The Commission shall communicate that information to the other
Member States.
ForthepurposeoftheapplicationofthisRegulation,theprovisionsof
Regulation (EEC) No 1468/81 of 19 May 1981 on mutual assistancebetween the administrative authorities of the Member States andcooperationbetweenthelatterandtheCommissiontoensurethecorrect
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applicationofthelawoncustomsoragriculturalmatters(1)shallapply
mutatis mutandis .
The details of the information procedure shall be drawn up in the
framework of the implementing provisions in accordance with Article13 (2), (3) and (4).
Article 15
WithintwoyearsoftheentryintoforceofthisRegulation,theCommis-
sion shall, on the basis of the information referred to in Article 14,report to the European Parliament and the Council on the operation ofthe system particularly with regard to the economic and socialconsequences of counterfeiting and shall propose any amendments oradditions required, within a period of two years from the implementa-tion of this Regulation.
Article 16
Regulation (EEC) No 3842/86 shall be repealed as from the date of
implementation of this Regulation.
Article 17
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.
(1) OJ No L 144, 2. 6. 1981, p. 1. Regulation as last amended by Regulation
(EEC) No 945/87 (OJ No L 90, 2. 4. 1987, p. 3).