II
(Preparatory Acts)
COMMISSION
Amended proposal for a Council Regulation (EC) amending Council Regulation (EC)
No 3295/94 of 22 December 1994 laying down measures to prohibit the release for freecirculation, export, reÜexport or entry for a suspensive procedure of counterfeit and pirated
goods (˛)
(98/C 377/05)
COM(1998) 639 final - 98/0018(ACC)
(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 10 April 1998)
(˛)ÙOJ C 108, 7.4.1998, p. 63.
INITIAL PROPOSAL AMENDED PROPOSAL
Article 1(5)
"Article 5
1.ÚÙØÙThe decision granting the application by the
holder of the right shall be forwarded immediately to thecustoms offices of the Member State which are liable tobe concerned with the goods alleged in the application to
be counterfeit or pirated."Article 5
1.ÚÙThe decision granting the application by the holder
of the right shall be forwarded immediately to thecustoms offices of the Member State which are liable tobe concerned with the goods alleged in the application to
be counterfeit or pirated.
2.ÚÙWhere an application is submitted under the second
subparagraph of Article 3(1), the first indent of Article
250 of Regulation (EEC) No 2913/92 shall applymutatis mutandis to the decision granting the saidapplication and the decisions extending or repealing it.2.ÚÙWhere an application is submitted under the second
subparagraph of Article 3(1), the first indent of Article
250 of Regulation (EEC) No 2913/92 shall applymutatis mutandis to the decision granting the saidapplication and the decisions extending or repealing it.
The service which adopted those decisions shall forward
certified copies thereof to the relevant service of thecustoms authority in the Member State or States wherethe applicant has requested that action be taken.The service which adopted those decisions shall forward
certified copies thereof to the relevant service of thecustoms authority in the Member State or States wherethe applicant has requested that action be taken.
The Member State or States so notified shall
immediately acknowledge receipt of the decisionsreferred to in the first subparagraph.The Member State or States so notified shall
immediately acknowledge receipt of the decisionsreferred to in the first subparagraph. Such decisions shallbe forwarded immediately to customs offices liable to be
concerned with the alleged counterfeit goods.C 377/16 5.12.98 Official Journal of the European Communities
EN
INITIAL PROPOSAL AMENDED PROPOSAL
The period referred to in the third subparagraph of
Article 3(5) shall run from the date on which the
decision granting the application was adopted. The
Member States to which the said decision is addressedmay suspend implementation until the fee referred to inthe second subparagraph of Article 3(4) has been paid
and the security referred to in Article 3(6) has been
provided.’The period referred to in the third subparagraph of
Article 3(5) shall run from the date on which the
decision granting the application was adopted. The
Member States to which the said decision is addressedmay suspend implementation until the fee referred to inthe second subparagraph of Article 3(4) has been paid
and the security referred to in Article 3(6) has been
provided.’
Article 1(5a)(new)
5a.ÙThe following second subparagraph is added to
Article 6(1):
"In the case of goods suspected of breaching a patent
or certificate and requiring regulated storageconditions, the customs authorities may only suspend
their release or detain them if:
-Ùthey possess suitable storage facilities so as not to
damage, interfere with or affect in any way thenature, quality or value of such goods
and
-Ùthe importer is unable to present a valid
marketing authorisation certificate, where such
authorisation is required for the products’ sale
within the territory of the Community or theMember State concerned.’
Article 1(9) (new)
9.ÙThe second sentence of Article 11 is replaced by the
following:
"Such penalties must be effective and proportionate
and constitute an effective deterrent.’5.12.98 C 377/17 Official Journal of the European Communities EN