1995R1367 — EN — 01.05.2004 — 002.001 — 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
laying down provisions for the implementation of Council Regulation (EC) No 3295/94 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 133, 17.6.1995, p. 2)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 2549/1999 of 2 December 1999 L 308 16 3.12.1999
Amended by:
►A1 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
▼B
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 the
Community of goods infringing certain intellectual property rights
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3295/94 of 22 December
1994 laying down measures to prohibit the release for free circulation,
export, re-export or entry for a suspensive procedure of counterfeit and
pirated goods, and in particular Articles 12, 13 and 14 thereof (1),
Whereas Regulation (EC) No 3295/94 introduced common rules with a
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
required by the second indent of the first subparagraph of Article 3(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 relevant
information for applying that Regulation and that the Commission is
to communicate that information to the other Member States; whereasthe procedure for exchanging that information should be laid down;
Whereas Commission Regulation (EEC) No 3077/87 (
2) should be
repealed;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
►M1 For the purposes of Article 1(2)(b) of Regulation (EC) No 3295/
94◄, hereinafter referred to as ‘the basic Regulation’ the holder of a
right or any other person authorized to use the right may be representedby a natural or legal person; such a person includes a collecting societywhich has as its sole or principal purpose the management or adminis-tration of copyrights or neighbouring rights.
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 secondindent of the first subparagraph of Article 3(2) of that Regulation, shallbe as follows:
(a) where the holder of the right makes himself the application:
— in the case of a right that is registered or for which an applica-
tion has been lodged, proof of registration with the relevantoffice or lodging of the application,1995R1367 — EN — 01.05.2004 — 002.001 — 2
(1) OJ No L 341, 30. 12. 1994, p. 8.
(2) OJ No L 291, 15. 10. 1987, p. 19.▼M1
▼B
▼M1
▼M1
— in the case of a copyright, neighbouring right or design right
which is not registered or for which an application has notbeen lodged, any evidence of authorship or of his status as
original holder;
(b) where the application is made by any other person authorised to
use one of the rights referred to in Article 1(2)(a) of the basic
Regulation, in addition to the proof required under point (a) of
this Article, the document by virtue of which the person isauthorised to use the right in question;
(c) where a representative of the holder or of any other person
authorised to use one of the rights referred to in Article 1(2)(a) of
the basic Regulation applies, in addition to the proof required underpoints (a) and (b) of this Article, proof of authorisation to act.
Article 2a
1. The form on which the application for action referred to in
Article 3(1), second subparagraph, of the basic Regulation, as well asthe Decision granting the application referred to in Article 3(5) of the
basic Regulation, shall conform to the specimen shown in the Annex to
this Regulation.
Where additional pages are to be used, as referred to in the second
subparagraph of paragraph 8, they shall be considered to be an integralpart 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 than55 g/m
2;
(b) the forms shall measure 210 millimetres × 297 millimetres, with
a maximum tolerance as to length of 5 mm less and 8 mm more.
3. Without prejudice to the implementation of the provisions set out
in Article 3(1), third subparagraph, of the basic Regulation, MemberStates shall print or have printed forms which bear an indication ofthe name and address of the printer or a sign allowing its identification.
4. Forms shall be printed and filled out in an official language of the
Community designated by the competent authorities of the Member
State in which the application for action is submitted.
5. Except in the case where the form is made available to the appli-
cant in an electronic format, at one or more publicly available sitesdirectly accessible via a computer, the application for action form shallbe provided, on request, by the appropriate service of the customs
authority referred to in Article 3(1) of the basic Regulation.
6. Forms shall be filled in by mechanical means or legibly by hand;
in the latter case, they shall be filled in using ink and in block capitals.Whatever the process used, forms shall not contain erasures, over-written words 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
— one copy, marked number 2, for the holder of the Community trade
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.
Should the space in box 4 of the form be insufficient, the applicant
may provide, on additional pages, further details to assist in the identi-fication of the goods. In this case, the applicant shall indicate the1995R1367 — EN — 01.05.2004 — 002.001 — 3
▼M1
number of additional pages used in the space provided in box 4 of the
form.
9. The duly completed and signed form, accompanied by a number
of extracts corresponding to the number of Member States indicated in
box 8 of the form, as well as the evidence and information referred toin paragraph 8, shall be submitted to the appropriate service of thecustoms authority referred to in Article 3(1) of the basic Regulation.
10. When the appropriate service of the customs authority referred
to in Article 3(1) of the basic Regulation approves an application foraction, it shall indicate the final date of validity of the decision and
affix its signature and stamp. The copy for the holder of the Commu-
nity trade mark as well as the validated extracts shall then be returnedto the applicant.
When the request for assistance is rejected by the appropriate service
of the customs authority referred to in Article 3(1) of the basic Regula-tion, it shall indicate not only the reasons for the refusal, but also the
contact details of the authority to which an appeal can be made and
shall affix its stamp and signature. The copy for the holder of theCommunity trade mark shall then be returned to the interested party.
In all cases, the copy of the form for the Member State in which the
application for action is submitted shall be retained and preserved inits files for at least two years from the date of issue.
11. Only in cases where the extract of a decision granting the appli-
cation is addressed to the Member State(s) where the applicant has
requested 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 a
photocopy of this extract to the relevant authority indicated in box 3.
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 aprotected right. under the terms of the second subparagraph of Article
3 (2), this information should be as detailed as possible to enable the
customs 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
Regulation before expiry of the time-limit of three days, the time-limitsreferred to in Article 7 of the Regulation shall be counted from the dayof 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 forthwith
inform the declarant.
Article 5
1. Each Member State shall, at the earliest opportunity, send the
Commission details of:
(a) the laws, regulations or administrative provisions which it adopts in
implementation of this Regulation. It shall likewise inform theCommission of any provisions of its national law which precludeinforming the holder as provided for in the second subparagraph
of Article 6 (1) and in Article 8 (3) of the basic Regulation;
(b) the competent customs department responsible for receiving and
handling the holder's written application, referred to in Article 3(8) of the basic Regulation.1995R1367 — EN — 01.05.2004 — 002.001 — 4
▼B
▼B
2. To enable the Commission to monitor the effective application of
the procedure laid down by the basic Regulation and draw up, in duecourse, the report referred to in Article 15 thereof, each Member State
shall send the Commission:
(a) at the end of each calendar year, a list of all the written applica-
tions under Article 3 (1) of the basic Regulation, together with thename and address of the holder, a brief description of the goodsand, where relevant, the trademark, and the action taken inresponse to the 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
description of the goods and, where relevant, the trademark, and
— the customs situation, country of consignment or destination,
description, quantity and declared value of the goods the releaseof which has been suspended or which have been detained, andthe date of such suspension or detention.
3. The Commission shall, in an appropriate manner, communicate to
all Member States such information as it receives pursuant to thisArticle. Details of cases provided for in point (b) of paragraph 2 shall
be sent 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.
5. The Commission shall publish in the ‘C’ series of the Official
Journal of the European Communities the list of the services within
the customs authority which are referred to in Article 3(8) of the basic
Regulation.
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.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1995R1367 — EN — 01.05.2004 — 002.001 — 5
▼M1
▼B
▼M1
ANNEX
►(1)A11995R1367 — EN — 01.05.2004 — 002.001 — 6
▼M1
►(1) (2)A11995R1367 — EN — 01.05.2004 — 002.001 — 7
▼M1
►(1)A11995R1367 — EN — 01.05.2004 — 002.001 — 8
▼M1
►(1) (2)A11995R1367 — EN — 01.05.2004 — 002.001 — 9