Commission Regulation (EC) No 2549/1999 of 2 December 1999 amending Regulation (EC) No 1367/95 laying down provisions for the implementation of Council Regulation (EC) No 3295/94 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: 1999-12-02
Institutions: European Commission
Subjects: customs regulations, free circulation, industrial counterfeiting, intellectual property, marketing restriction, trade mark

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Official Journal of the European Communities

3. 12. 1999

COMMISSION REGULATION (EC) No 2549/1999

of 2 December 1999

amending Regulation (EC) No 1367/95 laying down provisions for the implementation of Council
Regulation (EC) No 3295/94 laying down measures to prohibit the release for free circulation,
export, re-export or entry for a suspensive procedure of counterfeit and pirated goods

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 concerning the entry
into the Community and the export and re-export from the
Community of goods infringing certain intellectual property
rights (1), as amended by Regulation (EC) No 241/1999 (2),

Whereas:

(1)

(2)

(3)

(4)

In order to ensure a uniform form for applications for
action related to a Community trade mark as defined in
Council Regulation (EC) No 40/94 of 20 December
1993 on the Community trade mark (3), as amended by
Regulation (EC) No 3288/94 (4), it is necessary to deter-
mine the conditions of establishment,
issue and use,
required in order for the form to be easily recognised
and used throughout the Community. It is appropriate
for this purpose to establish the model to which that
form must conform.

The form should be drawn up in one of the official
languages of the Community.

Commission Regulation (EC) No 1367/95 (5) should be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Customs Code
Committee established by Article 247 of Council Regu-
lation (EEC) No 2913/92 of 12 October 1992 estab-
lishing the Community Customs Code (6),
last
amended by Regulation (EC) No 955/1999 of the Euro-
pean Parliament and of the Council (7),

as

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1367/95 is amended as follows:

concerning the entry into the Community and the export
and re-export from the Community of goods infringing
certain intellectual property rights.’

2. In Article 1, ‘For the purposes of Article 1(2)(c) of Regula-
tion (EC) No 3295/94’ is replaced by ‘For the purposes of
Article 1(2)(b) of Regulation (EC) No 3295/94’.

3. Article 2 is replaced by the following:

‘Article 2

The evidence that the applicant holds an intellectual prop-
erty right referred to in Article 1(2)(a) of the basic Regula-
tion, which must be submitted when applying for action in
accordance with the second indent of the first subparagraph
of Article 3(2) of that Regulation, shall be as follows:

(a) where the holder of the right makes himself the applica-

tion:

— in the case of a right that is registered or for which
an application has been lodged, proof of registration
with the relevant office or lodging of the application,

— in the case of a copyright, neighbouring right or
design right which is not registered or for which an
application has not been 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 is authorised 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 addi-
tion to the proof required under points (a) and (b) of
this Article, proof of authorisation to act.’

1. The title is replaced by the following:

4. The following Article 2a is inserted:

‘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

‘Article 2a

(1) OJ L 341, 30.12.1994, p. 8.
(2) OJ L 27, 2.2.1999, p. 1.
(3) OJ L 11, 14.1.1994, p. 1.
(4) OJ L 349, 31.12.1994, p. 83.
(5) OJ L 133, 17.6.1995, p. 2.
(6) OJ L 302, 19.10.1992, p. 1.
(7) OJ L 119, 7.5.1999, p. 1.

The form on which the application for action referred
1.
to in Article 3(1), second subparagraph, of the basic Regula-
tion, as well as the 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.

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Official Journal of the European Communities

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Where additional pages are to be used, as referred to in the
second subparagraph of paragraph 8, they shall be consid-
ered to be an integral part 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 than 55 g/m2;

(b) the forms shall measure 210 millimetres × 297 milli-
metres, with a maximum tolerance as to length of
5 mm less and 8 mm more.

3. Without prejudice to the implementation of the provi-
sions set out in Article 3(1), third subparagraph, of the basic
Regulation, Member States shall print or have printed forms
which bear an indication of the 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.

Except in the case where the form is made available to
5.
the applicant
in an electronic format, at one or more
publicly available sites directly accessible via a computer,
the application for action form shall be provided, on
request, by the appropriate service of the customs authority
referred to in Article 3(1) of the basic Regulation.

Forms shall be filled in by mechanical means or
6.
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, overwritten words or other
alterations.

Should the form be completed by computer, it may subse-
quently 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.

The applicant shall complete boxes 1 to 9 of the form,
8.
sign both copies and attach to it the justification and other
relevant information referred 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 identification of the goods. In this case, the
applicant shall indicate the number of additional pages used
in the space provided in box 4 of the form.

The duly completed and signed form, accompanied by
9.
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 to in paragraph 8, shall
be submitted to the appropriate service of the customs
authority referred to in Article 3(1) of the basic Regulation.

the

service of

10. When the appropriate
customs
authority referred to in Article 3(1) of the basic Regulation
approves an application for action, it shall indicate the final
date of validity of the decision and affix its signature and
stamp. The copy for the holder of the Community trade
mark as well as the validated extracts shall then be returned
to the applicant.

When the request for assistance is rejected by the appro-
priate service of the customs authority referred to in Article
3(1) of the basic Regulation, 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
the
Community trade mark shall then be returned to the inter-
ested 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 in its files for at least two years from
the date of issue.

11.
Only in cases where the extract of a decision
granting the application is addressed to the Member State(s)
where the applicant has requested that action be taken in
accordance with Article 5(2), second subparagraph, second
sentence, the Member State which receives this extract shall
complete without delay the part
“acknowledgement of
receipt” of the form by indicating the date of receipt, and
return a photocopy of this extract to the relevant authority
indicated in box 3.’

5. In Article 5, the following paragraph 5 shall be added:

‘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.’

6. The text in the Annex to this Regulation is added as an

Annex.

Article 2

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Communities.

It shall apply as from 1 July 1999.

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Official Journal of the European Communities

3. 12. 1999

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 December 1999.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

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Official Journal of the European Communities

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ANNEX

‘ANNEX

Standard from for an application for action in respect of a Community trade mark

1 1. Name, capacity and address of applicant

[Holder of a Community trade mark within the meaning of Article
1(2)(b) of Regulation (EC) no 3295/94]

E
T
A
T
S

R
E
B
M
E
M

I

L
A
T
N

I

I

E
H
T

R
O
F

Y
P
O
C

1

Name:

Function:

Address:

APPLICATION FOR ACTION
BY
CUSTOMS AUTHORITIES

Postal code:

Town:

under the second subparagraph of Article 3(1) of Regulation
(EC) No 3295/94

Country:

Phone:

Fax:

E-mail:

2. Status of applicant (1)

3. Competent authority to which application is made

holder of Community trade mark

person authorised to use Community trade mark

representative of Community trade mark holder

representative of person authorised to use Community trade
mark

4. Essential information regarding the goods (type, CN code (2) marks, packing, etc.

See also attached additional page(s), the number of pages being: (1)

5. Member States in which action by customs authorities is requested (1)

AT

BE

DE

DK

EL

ES

FR

IE

IT

LU

NL

PT

6. Contact person:

Phone:

Fax:

E-mail:

XX

YY

ZZ

FI

SE

GB

7. Place:

Date:

Signature:

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Official Journal of the European Communities

3. 12. 1999

8. Person to contact in other Member State(s) where action is requested (1):

BE Name:

Address:

Phone:

Fax:

ES Name:

Address:

Phone:

Fax:

IT

Name:

Address:

Phone:

Fax:

PT Name:

Address:

Phone:

Fax:

DK Name:

Address:

Phone:

Fax:

FI

Name:

Address:

Phone:

Fax:

LU Name:

Address:

Phone:

Fax:

SE Name:

Address:

Phone:

Fax:

DE Name:

Address:

Phone:

Fax:

FR Name:

Address:

Phone:

Fax:

AT Name:

Address:

Phone:

Fax:

GB Name:

Address:

Phone:

Fax:

EL Name:

Address:

Phone:

Fax:

IE

Name:

Address:

Phone:

Fax:

NL Name:

Address:

Phone:

Fax:

Name:

Address:

Phone:

Fax:

9. Attached documentation indicating ownership of a Community trade mark for the purposes of Article 1(2)(b) of Regulation (EC) No 3295/94

DECISION BY CUSTOMS AUTHORITY

This application has been approved (1) (3)

Place and date (3):

Decision valid until (3):

Signature and stamp (3):

This application has been rejected. The grounds for refusal and the
appeal procedure are explained in the annex to this document (1) (3)

Place and date (3):

Signature and stamp (3):

ACKNOLEDGEMENT OF RECEIPT (1)

AT

BE

DE

DK

EL

ES

FR

IE

IT

LU

NL

PT

FI

SE

GB

Authority’s name:

Place and date received (4):

Signature and stamp (4):

(1) Tick the appropriate box.
(2) Optional data.
(3) To be completed by the customs authority indicated in box 3.
(4) To be completed, where appropriate, by the competent authority of the Member State in which action has been requested in accordance with

Article 5(2), second subparagraph, second sentence of Regulation (EC) No 3295/95.

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Official Journal of the European Communities

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2 1. Name, capacity and address of applicant

[Holder of a Community trade mark within the meaning of Article
1(2)(b) of Regulation (EC) No 3295/94]

K
R
A
M

E
D
A
R
T

I

Y
T
N
U
M
M
O
C

E
H
T

F
O

R
E
D
L
O
H

E
H
T

R
O
F

Y
P
O
C

2

Name:

Function:

Address:

APPLICATION FOR ACTION
BY
CUSTOMS AUTHORITIES

Postal code:

Town:

under the second subparagraph of Article 3(1) of Regulation
(EC) No 3295/94

Country:

Phone:

Fax:

E-mail:

2. Status of applicant (1)

3. Competent authority to which application is made

holder of Community trade mark

person authorised to use Community trade mark

representative of Community trade mark holder

representative of person authorised to use Community trade
mark

4. Essential information regarding the goods (type, CN code (2), marks, packing, etc.

See also attached additional page(s), the number of pages being: (1)

5. Member States in which action by customs authorities is requested (1)

AT

BE

DE

DK

EL

ES

FR

IE

IT

LU

NL

PT

6. Contact person:

Phone:

Fax:

E-mail:

XX

YY

ZZ

FI

SE

GB

7. Place:

Date:

Signature:

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Official Journal of the European Communities

3. 12. 1999

8. Representative of the holder of the trade mark in other Member State(s) where action is requested (1):

BE Name:

Address:

Phone:

Fax:

ES Name:

Address:

Phone:

Fax:

IT

Name:

Address:

Phone:

Fax:

PT Name:

Address:

Phone:

Fax:

DK Name:

Address:

Phone:

Fax:

FI

Name:

Address:

Phone:

Fax:

LU Name:

Address:

Phone:

Fax:

SE Name:

Address:

Phone:

Fax:

DE Name:

Address:

Phone:

Fax:

FR Name:

Address:

Phone:

Fax:

AT Name:

Address:

Phone:

Fax:

GB Name:

Address:

Phone:

Fax:

EL Name:

Address:

Phone:

Fax:

IE

Name:

Address:

Phone:

Fax:

NL Name:

Address:

Phone:

Fax:

Name:

Address:

Phone:

Fax:

9. Attached documentation indicating ownership of a Communioty trade mark for the purposes of Article 1(2)(b) of Regulation (EC) no 3295/94

DECISION BY CUSTOMS AUTHORITY

This application has been rejected (1) (3)

Place and date (3):

Decision valid until (3)

Signature and stamp (3):

This application has been rejected. The grounds for refusal and the
(1) (3)
appeal procedure are explained in the annex to this document

Place and date (3):

Signature and stamp (3):

ACKNOWLEDGEMENT OF RECEIPT (1)

AT

BE

DE

DK

EL

ES

FR

IE

IT

LU

NL

PT

FI

SE

GB

Authority’s name:

Place and date received (4):

Signature and stamp (4):

(1) Tick the appropriate box.
(2) Optional data.
(3) To be completed by the customs authority indicated in box 3
(4) To be completed, where appropriate, by the competent authority of the Member State in which action has been requested in accordance with

Article 5(2), second subparagraph, second sentence of Regulation (EC) no 3295/94'.