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 free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods
Date: 1998-11-09
Institutions: European Commission
Subjects: customs regulations, export restriction, free circulation, industrial counterfeiting, storage

C  377/16

EN

Official  Journal  of  the  European  Communities

5.12.98

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  free
circulation,  export,  re(cid:220)export  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)

(˛)(cid:217)OJ  C  108,  7.4.1998,  p.  63.

INITIAL  PROPOSAL

AMENDED  PROPOSAL

Article  1(5)

"Article  5

"Article  5

1.(cid:218)(cid:217)(cid:216)(cid:217)The  decision  granting  the  application  by  the
holder  of  the  right  shall  be  forwarded  immediately  to  the
customs  offices  of  the  Member  State  which  are  liable  to
be  concerned  with  the  goods  alleged  in  the  application  to
be  counterfeit  or  pirated.

1.(cid:218)(cid:217)The  decision  granting  the  application  by  the  holder
of  the  right  shall  be  forwarded 
immediately  to  the
customs  offices  of  the  Member  State  which  are  liable  to
be  concerned  with  the  goods  alleged  in  the  application  to
be  counterfeit  or  pirated.

2.(cid:218)(cid:217)Where  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  apply
mutatis  mutandis  to  the  decision  granting  the  said
application  and  the  decisions  extending  or  repealing  it.

2.(cid:218)(cid:217)Where  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  apply
mutatis  mutandis  to  the  decision  granting  the  said
application  and  the  decisions  extending  or  repealing  it.

The  service  which  adopted  those  decisions  shall  forward
certified  copies  thereof  to  the  relevant  service  of  the
customs  authority  in  the  Member  State  or  States  where
the  applicant  has  requested  that  action  be  taken.

The  service  which  adopted  those  decisions  shall  forward
certified  copies  thereof  to  the  relevant  service  of  the
customs  authority  in  the  Member  State  or  States  where
the  applicant  has  requested  that  action  be  taken.

The  Member  State  or  States 
immediately  acknowledge 
referred  to  in  the  first  subparagraph.

receipt  of 

so  notified 

shall
the  decisions

shall
The  Member  State  or  States 
the  decisions
immediately  acknowledge 
referred  to  in  the  first  subparagraph.  Such  decisions  shall
be  forwarded  immediately  to  customs  offices  liable  to  be
concerned  with  the  alleged  counterfeit  goods.

so  notified 

receipt  of 

5.12.98

EN

Official  Journal  of  the  European  Communities

C  377/17

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  addressed
may  suspend  implementation  until  the  fee  referred  to  in
the  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  addressed
may  suspend  implementation  until  the  fee  referred  to  in
the  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.(cid:217)The  following  second  subparagraph 

is  added  to

Article  6(1):

certificate  and 

"In  the  case  of  goods  suspected  of  breaching  a  patent
or 
storage
requiring 
conditions,  the  customs  authorities  may  only  suspend
their  release  or  detain  them  if:

regulated 

-(cid:217)they  possess  suitable  storage  facilities  so  as  not  to
damage,  interfere  with  or  affect  in  any  way  the
nature,  quality  or  value  of  such  goods

and

-(cid:217)the 

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  the
Member  State  concerned.’

Article  1(9)  (new)

9.(cid:217)The  second  sentence  of  Article  11  is  replaced  by  the

following:

"Such  penalties  must  be  effective  and  proportionate
and  constitute  an  effective  deterrent.’