No C 356/30 Official Journal of the European Communities 31. 12. 85 
the social infrastructure, particularly child-care 
facilities, and adequate solutions for groups and 
persons in particular need, 
— launch or stimulate wide-ranging information 
campaigns to increase awareness in a more sys­
tematic way designed to highlight the positive 
aspects of equality with a view to promoting a 
change in attitudes, particularly by involving the 
media and by aiming at a variety of target groups 
in order to reach all those in political, social, 
trade and educational circles. 
6. Undertakes to ensure coherence between specific 
actions to promote equal opportunities and overall 
The Commission amends its proposal as follows: 
After second recital add a new recital: 
'Whereas the laws concerning industrial property lay 
down the rights of holders of registered trade marks, it 
is desirable that an appropriate customs procedure 
should be established to facilitate the exercise of these 
rights in the case of counterfeit goods entering the 
Community from third countries;' 
Article 1 (2) — new wording: 
'2. For the purpose of this Regulation, "counterfeit 
goods" means any goods bearing without authorization 
an identical trade mark or one which cannot be dis­
tinguished in its essential aspects from a trade mark 
registered in respect of such goods in accordance with 
Community law or the law of the Member State in 
which the goods are entered for free circulation.' 
Article 2 (3) — new wording: 
'3. The customs authorities or the Commission, 
according to the circumstances, shall decide on the 
application and inform the person concerned accord­
ingly. The applicant may be required to provide security 
in an amount sufficient to indemnify the competent 
authorities or compensate the importer for any loss 
or damage resulting from measures adopted by those 
authorities where goods in relation to which action economic and social policy, at Community and 
national level. 
7. Decides to organize more systematic concertation 
of policies and actions with the Member States on 
equal treatment, and requests the Commission to 
organize such concertation with the cooperation of 
all the bodies concerned (mainly national authori­
ties, equal treatment bodies and committees, the 
two sides of industry, etc.). 
8. Requests the Commission to prepare a progress 
report and assessment of the implementation of this 
programme by 31 December 1990, and accordingly 
invites the Member States to forward the necessary 
information to the Commission before 1 January 
1990. 
is taken by the customs authorities pursuant to this 
Regulation are subsequently shown not to be counter­
feit. 
The applicant may also be required to pay a sum 
to cover the administrative costs resulting from the 
application.' 
Article 4 — new wording 
'1. Where a customs office to which an application 
has been transmitted pursuant to Article 3 establishes 
that goods entered for free circulation correspond to 
the description of the counterfeit goods contained in 
that application, it shall suspend thereof, and inform 
the importer accordingly. The customs office shall also 
immediately inform the applicant (the trade-mark own­
er or his representative) of the measure. 
The customs services may ask the applicant to confirm 
whether or not in his opinion the goods are counterfeit. 
To this end the customs authorities may take samples 
of the goods and make these samples available to the 
trade-mark owner. 
2. Whether the goods are counterfeit shall be deter­
mined in accordance with Community law where it is 
applicable to the case in point, and where it is not, in 
accordance with the law of the Member State in the 
(!) OJ No C 20, 22. 1. 1985, p. 7. Amendment to the proposal for a Council Regulation laying down measures to discourage 
the release for free circulation of counterfeit goods (*) 
COM (85) 809 final 
(Submitted by the Commission to the Council pursuant to the second paragraph of 
Article 149 of the EEC Treaty on 20 December 1985) 
(85/C 356/07) 
31. 12. 85 Official Journal of the European Communities No C 356/31 
territory of which they were entered for free circulation. 
The criteria applied to establish whether the goods 
infringe the rights of the trade-mark owner shall be 
the same as those used to determine whether goods 
produced in that Member State infringe these same 
rights. Decisions taken by the competent authority shall 
set out the grounds on which they are based. 
3. Release of the goods shall be suspended until it 
is conclusively established whether or not they are 
counterfeit. The applicant or the relevant authority 
shall initiate proceedings before the competent authori­
ty so seek a final decision, preceded where necessary by 
an interim decision as to whether or not the suspension 
should be confirmed. If within 10 working days of the 
suspension of the release neither the applicant nor the 
relevant authority initiates such proceedings, the goods 
shall be released provided all the import formalities 
have been complied with. 
4. Provided that all other import formalities have 
been complied with, release shall also be granted as 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 235 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parlia­
ment, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Council Directive 68/312/EEC of 30 July 1968 
on harmonization of the provisions laid down by law, 
regulation or administrative action relating to: 
1. customs treatment of goods entering the customs 
territory of the Community, 
2. temporary storage of such goods (*), 
as last amended by the Act of Accession of Spain and 
Portugal, laid down certain principles to be complied 
with in this field; 
(J) OJ No L 194, 6. 8. 1968, p. 13. soon as sufficient evidence is presented to the customs 
office showing that it has been conclusively established 
that the goods are not counterfeit.' 
Article 5(1) — new recital: 
'1. Without prejudice to the other remedies to which 
the proprietor of a registered trade mark, whose trade 
mark has been found to be infringed is entitled, Member 
States shall adopt the measures necessary to allow the 
competent authorities to confiscate goods, the release 
of which has been suspended pursuant to Article 4, 
where it is established that they are counterfeit. 
Confiscated goods shall be destroyed or disposed of 
outside the channels of commerce in a manner which 
minimizes harm to the trade-mark owner.' 
Article 8 — new recital of paragraph 3: 
'3. Within three years of the entry into force of 
this Regulation, the Commission shall report to the 
European Parliament and the Council on the operation 
of the system instituted thereunder and such amend­
ments as need to be made thereto.' 
Whereas the rules to which goods brought into the 
customs territory of the Community are subject, until 
they are assigned a customs-approved treatment or use, 
are fundamental to the proper operation of the customs 
union; whereas it is therefore important to ensure that 
they are applied, to the greatest possible extent, uni­
formly throughout the Community; whereas to that 
end Directive 68/312/EEC should be replaced by a 
Regulation incorporating all the necessary clarifications 
and amendments; whereas this will afford individuals 
a greater degree of legal certainty; 
Whereas goods brought into the customs territory of 
the Community must be made subject to appropriate 
customs supervision so as to ensure that the customs 
rules, and any other rules applicable to them, are com­
plied with; 
Whereas to that end, the obligations incumbent on 
persons who bring goods into the customs territory 
of the Community and on persons who subsequently 
assume responsibility for those goods in order to move 
or store them until they are assigned a customs-
approved treatment or use, should be defined; whereas 
the substance of those obligations must Be specified in 
detail in respect of each of the stages reached by goods Proposal for a Council Regulation laying down the provisions applicable to 
goods brought into the customs territory of the Community 
COM (85) 766 final 
(85/C 356/08)