Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights
Date: 2004-10-21
Institutions: European Commission
Subjects: customs inspection, form, fraud, free movement of goods, illicit trade, industrial counterfeiting, surveillance concerning imports

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COMMISSION REGULATION (EC) No 1891/2004

of 21 October 2004

laying down provisions for the implementation of Council Regulation (EC) No 1383/2003
concerning customs action against goods suspected of infringing certain intellectual property
rights and the measures to be taken against goods found to have infringed such rights

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

second subparagraph of Article 5(5) of Regulation (EC)
No 1383/2003.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1383/2003 of 22
July 2003 concerning customs action against goods suspected
of
infringing certain intellectual property rights and the
measures to be taken against goods found to have infringed
such rights (1), and in particular Article 20 thereof,

Whereas:

(1)

(2)

Regulation (EC) No 1383/2003 introduced common
rules with a view to prohibiting the entry, release for
free circulation, exit, export, re-export or entry for a
suspensive procedure of counterfeit and pirated goods,
and to dealing effectively with the illegal marketing of
such goods without impeding the freedom of legitimate
trade.

Since Regulation (EC) No 1383/2003 replaced 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
infringing certain intellectual
Community of goods
property rights (2),
also necessary to replace
is
it
Commission Regulation (EC) No 1367/95 (3), which
laid down provisions for the implementation of Regu-
lation (EC) No 3295/94.

(3)

For the different types of intellectual property rights, it is
necessary to define the natural and legal persons who
may represent
the holder of a right or any other
person authorised to use the right.

(4)

It is necessary to specify the nature of the proof of
intellectual property required under the
ownership of

(1) OJ L 196, 2.8.2003, p. 7.
(2) OJ L 341, 30.12.1994, p. 8. Regulation as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(3) OJ L 133, 17.6.1995, p. 2. Regulation as last amended by the 2003

Act of Accession.

(5)

(6)

(7)

(8)

(9)

In order to harmonise and standardise the content and
format of applications for action under Article 5(1) and
(4) of Regulation (EC) No 1383/2003 and the infor-
mation to be entered on the application form, a stan-
dardised version of the form should be established. The
language requirements for applications for action under
Article 5(4) of the Regulation should also be laid down.

The type of information to be included in applications
for action should be specified in order to enable the
customs authorities to recognise more readily goods
that may infringe an intellectual property right.

It is necessary to define the type of right-holder liability
declaration which must accompany the application for
action.

In the interests of legal certainty, it is necessary to specify
when the time periods laid down in Article 13 of Regu-
lation (EC) No 1383/2003 commence.

and

States

between Member

Procedures should be laid down for the exchange of
information
the
Commission, so that it is possible, on the one hand,
for the Commission to monitor the effective application
the procedure laid down by Regulation (EC) No
of
1383/2003,
to draw up in due course the report
referred to in Article 23 thereof and to try to quantify
and describe patterns of fraud, and, on the other hand,
for the Member States to introduce appropriate risk
analysis.

(10)

This Regulation should apply from the same date as
Regulation (EC) No 1383/2003.

(11)

The measures provided for in this Regulation are in
accordance with the opinion of
the Customs Code
Committee,

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HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of Article 2(2)(b) of Regulation (EC) No
1383/2003, hereinafter ‘the basic Regulation’, the right-holder
or any other person authorised to use the right may be repre-
sented by natural or legal persons.

include
The persons referred to in the first paragraph shall
collecting societies which have as
sole or principal
purpose the management or administration of copyrights or
related rights; groups or representatives who have lodged a
registration application for a protected designation of origin
or a protected geographical indication; and plant breeders.

their

Article 2

If an application for action within the meaning of Article
1.
5(1) of
the basic Regulation is lodged by the right-holder
himself, the proof required under the second subparagraph of
Article 5(5) shall be as follows:

(a)

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 proof
the application has been
that
lodged;

(b) in the case of a copyright, related right or design right
which is not registered or for which an application has
not been lodged, any evidence of authorship or of
the
applicant’s status as original holder.

A copy of registration from the database of a national or inter-
national office may be considered to be proof for the purposes
of point (a) of the first subparagraph.

For protected designations of origin and protected geographical
indications, the proof referred to in point (a) of the first subpar-
agraph shall, in addition, consist in proof that the right-holder is
the producer or group and proof that the designation or indi-
cation has been registered. This subparagraph shall apply mutatis
mutandis to wines and spirits.

2. Where the application for action is lodged by any other
person authorised to use one of the rights referred to in Article
2(1) of the basic Regulation, proof shall,
in addition to the
proof required under paragraph 1 of this Article, consist in
the document by virtue of which the person is authorised to
use the right in question.

3. Where the application for action is lodged by a represen-
tative of the right-holder or of any other person authorised to
use one of the rights referred to in Article 2(2) of the basic
Regulation, proof shall, in addition to the proof referred to in
paragraph 1 of this Article, consist in his authorisation to act.

A representative, as referred to in the first subparagraph, must
produce the declaration required pursuant to Article 6 of the
basic Regulation, signed by the persons referred to in para-
graphs 1 and 2 of this Article, or a document authorising
him to bear any costs arising from customs action on their
behalf in accordance with Article 6 of the basic Regulation.

Article 3

1.
The documents on which applications for action are made
pursuant to Article 5(1) and (4) of the basic Regulation, the
decisions referred to in Article 5(7) and (8) and the declaration
required pursuant to Article 6 of the basic Regulation must
conform with the forms set out in the Annexes to this Regu-
lation.

The forms shall be completed by electronic or mechanical
means, or
shall be
legibly by hand. Handwritten forms
completed in ink and in block capitals. Whatever method is
used, forms shall contain no erasures, overwritten words or
it
other alterations. Where the form is filled in electronically,
shall be made available to the applicant in digital form on one
or more public sites that are directly accessible by computer. It
may subsequently be reproduced on private printing equipment.

Where additional sheets are attached, as referred to in boxes 8,
9, 10 and 11 of the form on which the application for action
provided for in Article 5(1) is to be made out, or in boxes 7, 8,
9 and 10 of the form on which the request for action provided
for in Article 5(4) is to be made out, they shall be deemed to be
an integral part of the form.

2.
Forms for applications for action under Article 5(4) of the
basic Regulation shall be printed and completed in one of the
official
the Community designated by the
competent authorities of the Member State in which the appli-
cation for action has to be submitted, together with any trans-
lations that may be required.

languages of

3.

The form shall be made up of two copies:

(a)

the copy for the Member State in which the application is
lodged, marked ‘1’;

(b) the copy for the right–holder, marked ‘2’.

The application forms, duly completed and signed, accompanied
by one extract of the form for each Member State indicated in
box 6 of the form, as well as the documentary proof referred to
in boxes 8, 9 and 10, shall be presented to the competent
customs department, which, after accepting the form, shall
retain it for at least one year longer than its legal period of
validity.

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If the extract of a decision granting an application for action is
addressed to one or more Member States pursuant to Article
5(4) of the basic Regulation, the Member State which receives
the extract shall complete without delay the ‘acknowledgement
of receipt’ section of the form by indicating the date of receipt
and shall
to the competent
the extract
return a copy of
authority indicated in box 2 of the form.

case of perishable goods, if insufficient time remains to apply
for such proceedings before the expiry of the time-limit laid
down in the first subparagraph of Article 13(1) of the basic
Regulation, the situation may be deemed an appropriate case
that
within the meaning of
provision.

the second subparagraph of

So long as his application for Community action remains valid,
the right-holder may, in the Member State where the application
was originally lodged, enter a request for action to be taken in
another Member State not previously mentioned. In such cases,
the period of validity of the new application shall be the period
remaining under the original application, and it may be renewed
in accordance with the conditions applying to the original appli-
cation.

Article 4

For the purposes of Article 5(6) of the basic Regulation, the
place of manufacture or production, the distribution network or
names of licensees and other information may be requested by
the department responsible for receiving and processing appli-
cations for action in order to facilitate the technical analysis of
the products concerned.

Article 5

If an application for action is lodged in accordance with Article
4(1) of the basic Regulation before expiry of the time limit of
three working days and accepted by the customs
service
the time limits referred to in
designated for that purpose,
Articles 11 and 13 of that Regulation shall be counted only
from the day after the application is received.

the goods are suspected of

If the customs service informs the declarant or holder of goods
that
infringing an intellectual
property right and that, pursuant to Article 4(1) of the basic
Regulation, they have been detained, or their release suspended,
the time limit of three working days shall be counted only from
the time the right-holder is notified.

Article 6

In the case of perishable goods, the procedure for suspension of
release or for detention of the goods shall be initiated primarily
in respect of products for which an application for action has
already been lodged.

Article 7

2.
If an extension of ten working days has already been
granted under Article 11 of the basic Regulation, no further
extension may be granted under Article 13 thereof.

Article 8

1.
Each Member State shall inform the Commission as soon
as possible of the competent customs department, referred to in
Article 5(2) of the basic Regulation, responsible for receiving
and processing applications for action from right-holders.

2.
At the end of each calendar year, each Member State shall
send the Commission a list of all the written applications for
action under Article 5(1) and (4) of the basic Regulation, giving
the name and details of each right-holder, the type of right for
which each application was
summary
description of each product concerned. The applications that
have not been granted shall be included in that list.

submitted,

and a

3.
In the month following the end of each quarter, each
Member State shall send the Commission a list, by product
type, giving detailed information on the cases in which the
release of goods has been suspended or goods have been
detained. The information shall include the following details:

(a)

the name of the right-holder; a description of the goods; if
known, the origin, provenance and destination of the goods;
the name of the intellectual property right infringed;

(b) for each item, the quantity of goods whose release was
suspended or which were detained; their customs status;
the type of intellectual property right infringed; the means
of transport used;

(c) whether commercial or passenger traffic was involved and
whether the procedure was initiated ex officio or as the result
of an application for action.

4.
The Member States may send the Commission infor-
mation concerning the real or estimated value of the goods
for which release has been suspended or which have been
detained.

1. Where Article 11(2) of the basic Regulation applies, the
right-holder shall notify the customs authority that proceedings
have been initiated to determine whether, under national law,
an intellectual property right has been infringed. Except in the

5.
in an
At the end of every year, the Commission shall,
appropriate manner, communicate to all Member States such
information as it receives pursuant to paragraphs 1 to 4.

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The Commission shall publish the list of departments
6.
within the customs authority, as referred to in Article 5(2) of
the basic Regulation, in the C series of the Official Journal of the
European Union.

Article 9

Applications for action lodged before 1 July 2004 shall remain
valid until their legal expiry date and shall not be renewed.
they must be accompanied by the declaration
However,
required under Article 6 of the basic Regulation, the model
for which is set out in the Annexes to this Regulation. The
declaration shall release any deposit and fee payable in the
Member States.

that date, the deposit shall not be released before the close of
those proceedings.

Article 10

Regulation (EC) No 1367/95 is repealed. References to the
repealed Regulation shall be construed as references to this
Regulation.

Article 11

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

Where proceedings brought before the competent authority on
a matter of substance before 1 July 2004 are still under way on

It shall apply from 1 July 2004.

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

Done at Brussels, 21 October 2004.

For the Commission

Frederik BOLKESTEIN
Member of the Commission

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ANNEX I

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ANNEX I-A

NOTES ON COMPLETION

I. OBLIGATORY INFORMATION ON RIGHTS AND ABILITY TO ACT

(a) Where the holder of the right makes the application himself:

— 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, related 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 referred to in Article 2(2)(b) authorised to use one of the
rights referred to in Article 2(1)(a), (b) and (c) 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 referred to in Article 2(2)(a) and (b) authorised to
use one of the rights referred to in Article 2(1)(a), (b) and (c) of the basic Regulation applies, in addition to the
proof required under points (a) and (b) of this Article, proof of authorisation to act.

The natural or legal person who fills in box 3 of the Application for action must, in all cases, be the one
who will provide the documents foreseen in box 11 of the Application for action.

(d) Box 5 contains all geographical indications. Protected designation of origin (PDO) and protected geographical
indication (PGI) means the official indications according to Council Regulation (EEC) No 2081/92 (OJ L 208,
24.7.1992, p. 1), Commission Regulations (EC) No 1107/96 (OJ L 148, 21.6.1996, p. 1) and (EC) No 2400/96
‘Geographical designations for spirituous beverages’ means the official desig-
(OJ L 327, 18.12.1996, p. 11).
nations according to Regulation (EEC) No 1576/89. Individual producers as well as groups or their represen-
tatives are entitled to make an application.

(e) Registration and specifications are required when an application is made: for protected designation of origin and

protected geographical indication.

II. WHAT MUST THE APPLICATION FOR ACTION CONTAIN?

An application for action can be used by the right-holder, free of charge, either as a preventive measure or where he
has reason to think that his intellectual property right or rights have been or are likely to be infringed. The
application must contain all the information needed to make the goods in question readily recognisable by the
customs authorities, and in particular:

— an accurate and detailed technical description of the goods,

— any specific information the right-holder may have concerning the type or pattern of fraud,

— the name and address of the contact person appointed by the right-holder,

— the undertaking required of the applicant by Article 6 of the basic Regulation and proof that the applicant holds

the right for the goods in question.

— The right-holders must imperatively return the proof of receipt of the notification which was addressed to them
by the Customs Service, according to Articles 4 (ex officio) and 9. It must be done immediately after having
received this notification. The legal deadlines (three to 10 working days) start from the moment of receipt of the
notification.
It is imperative that the right-holder, as soon as he is contacted by the customs authorities,
immediately confirms the receipt of the notification.

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— Within the meaning of the basic Regulation ‘working day’ (Council Regulation (EEC, Euratom) No 1182/71 (OJ L
124, 8.6.1971, p. 1)) is considered every day other than public holidays, Saturdays and Sundays. Moreover, the
calculation of working days as included in Articles 4 and 13, has to be carried out taking into account the fact
that the day of receipt of the notification is not included. The deadlines to be taken into account within the
meaning of the basic Regulation commence therefore as from the day after the receipt of the notification.

The application for action can be submitted electronically if an electronic data exchange system is available. In all
other cases, the form is to be completed by mechanical means or in legible handwriting and must not contain
erasures or overwriting.

III. HOW TO FILE AN APPLICATION FOR ACTION

The right-holder must submit his application for action to the relevant office referred to in box 2 of the form. On
receipt of the application, the competent customs office will process it and inform the applicant of its decision by
writing within 30 working days. If the office refuses the application by reasoned decision, the applicant has the right
of appeal. The period during which the customs authorities will take action is set at one year, renewable annually.

IV. EXPLANATIONS OF THE MAIN BOXES TO BE FILLED IN BY THE APPLICANT

Box 3: Name, address and capacity of the applicant. Within the meaning of Article 2(2), the applicant may be the
right-holder himself, a person authorised to use the intellectual property right or a designated representative.

Box 4: Status of the applicant. Tick the appropriate box.

Box 5: Type of right concerned by the application for action. Tick the appropriate box.

Boxes 6 and 7: Contact details for the applicant's contact person dealing with administrative matters should be
entered in Box 6. Box 7 is for the contact details of the person who would be responsible for meeting the customs
authorities to discuss technical details of the goods detained. The person concerned must be easily contactable at
short notice.

Boxes 8, 9 and 12: Box 8 is for specific and accurate information which would enable the customs authorities to
identify the authentic goods correctly and for any information the right-holder may possess concerning the type or
pattern of fraud (documents, photos etc.).

The information should be as detailed as possible to allow the customs authorities to identify suspect consignments
simply and effectively using risk analysis principles.

Various types of information should be entered in these boxes to help improve customs intelligence on products and
patterns of fraud. Additional supporting details can be provided such as: the pre-tax value of the legal goods, the
location of
the goods or their intended destination, particulars identifying the consignment or packages, the
scheduled arrival or departure date of the goods, the means of transport used, the identity of the importer,
exporter or holder.

Box 11: The natural or legal person who fills in box 3 of the Application for action must, in all cases, be the one
who will provide the documents foreseen in box 11 of the Application for action.

Box 13: By signing this box, the right-holder certifies that he accepts the terms of the Regulation and his obligations.

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DECLARATION IN ACCORDANCE WITH ARTICLE 6 OF COUNCIL REGULATION (EC) No 1383/2003

ANNEX I-B

I, the undersigned .................................

right-holder, within the meaning of Article 2(2) of Regulation (EC) No 1383/2003 (hereinafter ‘the basic Regulation’, of
the intellectual property rights certified by the attached documents, hereby undertake in accordance with Article 6 of the
Regulation to assume liability towards the persons involved in a situation referred to in Article 1(1) in the event that a
procedure initiated pursuant to present Regulation is discontinued owing to an act or omission on my part or in the
event that the goods in question are subsequently found not to infringe an intellectual property right.

— I hereby undertake to pay all costs incurred under the basic Regulation by keeping goods under customs control
including costs occasioned by the destruction of goods

pursuant to Article 9, and where applicable Article 11,
infringing an intellectual property right pursuant Article 17.

— I confirm that I have taken note of Article 12 of the basic Regulation and undertake to notify the department

indicated in Article 5(2) of any alteration to or loss of my intellectual property rights.

Done at ........................... on .../........ /20 ..

..............................................................................

(Signature)

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ANNEX I-C

NAMES AND ADDRESSES FOR THE SUBMISSION OF ABILITY TO ACT

BELGIUM

Monsieur le Directeur général des douanes et accises
Service ‘Gestion des Groupes cibles’ — Régimes divers — Direction 1 (Contrefaçon-Piraterie)
Boîte 37 Boulevard du Jardin Botanique 50
B-1010 Bruxelles
Téléphone (32-2) 210 31 38
Télécopieur (32-2) 210 32 13
Courrier électronique: org.contr.reg.div@minfin.fed.be

De heer Directeur-generaal van de Administratie der Douane en Accijnzen Dienst
Diverse regelingen
Directie 1 ‘Namaak en Piraterij’
Rijksadministratief Centrum
Financietoren bus 37 Kruidtuinlaan 50
B-1010 Brussel
Tel. (32-2) 210 31 38
Fax (32-2) 210 32 13
E-mail: org.contr.reg.div@minfin.fed.be

DENMARK

Central Customs and Tax Administration
Customs Control
Østbanegade 123
DK-2100 Copenhagen
Tel. +45 72379000
Fax: +45 72372917
E-mail: toldskat@toldskat.dk
Internet: www.erhverv.toldskat.dk

GERMANY

Oberfinanzdirektion Nürnberg Zentralstelle Gewerblicher Rechtsschutz
Sophienstraße 6
D-80333 München
Tel.: (49-89) 59 95 (23 49)
Fax: (49-89) 59 95 23 17
E-mail: zgr@ofdm.bfinv.de
Internet: www.zoll.de/e0_downloads/b0_vordrucke/e0_vub/index.html

SPAIN

Departamento de Aduanas e Impuestos Especiales
Subdirección General de Gestión Aduanera
Avenida del Llano Castellano 17
E-28071 Madrid
Tel.: (34) 917 28 98 54
Fax: (34) 917 29 12 00

FRANCE

Direction générale des douanes
Bureau E4 — Section de la propriété intellectuelle
8 rue de la Tour des dames
F-75436 Paris Cedex 09
Téléphone (33-1) 55 07 48 60
Télécopieur (33-1) 55 07 48 66

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IRELAND

Office of the Revenue Commissioners
Customs Branch
Unit 2
Government Offices
Nenagh
Co Tipperary
Ireland
Tel. (353 67 63238)
Fax (353 67 32381)
E-mail: tariff@revenue.ie
Internet: www.revenue.ie

ITALY

Agenzia Delle Dogane
Ufficio Antifrode
Via Mario Carucci, 71
I-00144 Roma
Tel.: (39-6) 50 24 20 81 — 50 24 65 96
Fax: (39-6) 50 95 73 00 — 50 24 20 21
E-mail: dogane.antifrode@agenziadogane.it

LUXEMBOURG

Direction des douanes et accises
Division ‘Attributions Sécuritaires’
Boîte postale 1605
L-1016 Luxembourg
Téléphone (352) 29 01 91
Télécopieur (352) 49 87 90

NETHERLANDS

Douane-Noord/kantoor Groningen, afdeling IER
P.O. Box 380
9700 AJ Groningen
Nederland
Tel. +31 50 5232175
Fax: +31 50 5232176
E-mail: Douane.hier@tiscalimail.nl
Internet: www.douane.nl

AUSTRIA

Zollamt Villach
Competence Center Gewerblicher Rechtsschutz
Ackerweg 19
A-9500 Villach
Tel.: (43) 42 42 30 28-(39, 41 o 52)
Fax: (43) 42 42 30 28-71 oder 73
E-mail: post.425-pdp.zaktn@bmf.gv.at

PORTUGAL

Ministério das Finanças
Direcção-Geral das Alfândegas e dos Impostos
Especiais sobre o Consumo
Direcção de Servicos de Regulação Aduaneira
Rua da Alfândega, n.o 5 R/C
P-1149-006 Lisboa
Tel.: +351 21 881 3890
Fax: +351 21 881 3984
E-mail: dsra@dgaiec.min-financas.pt
Internet: www.dgaiec.min-financas.pt

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FINLAND

Tullihallitus
Valvontaosasto
PL 512
FI-00101 Helsinki
Tel.: (358) 20 492 27 48
Fax: (358) 20 492 26 69
Enforcement Department
National Board of Customs
Box 512
FI-00101 Helsinki

SWEDEN

Tullverkets huvudkontor
Handelsenheten
Box 12854
S-112 98 Stockholm
Tel.: (46) 771 520 520
Fax: (46-8) 405 05 50

From July 2004 the address will be:

Tullverket
Kc Ombud
Specialistenheten
Box 850
S-201 80 Malmö
Tel.: (46) 771 520 520
Fax: (46-40) 661 30 13
Internet: www.tullverket.se

UNITED KINGDOM

HM Customs & Excise
CITOPS 1st Floor West
Alexander House
21 Victoria Avenue
Southend-on-Sea
Essex SS99 IAA
United Kingdom
Tel.: (44 1702) 36 72 21
Fax: (44 1702) 36 68 25
Internet: www.hmce.gov.uk

GREECE

ATTIKA CUSTOMS DISTRICT
Pl. Ag. Nikolaou
GR-18510 Pireas
Tel.: (+30 210) 4282461, 4515587
Fax: (+30 210) 451 10 09
Internet: www.e-oikonomia.gr

SLOVAK REPUBLIC

Customs Directorate of the Slovak Republic
Mierova 23
SK-815 11 Bratislava
Tel.: +421 2 48273101
Fax: +421 2 43336448
Internet: www.colnasprava.sk

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ESTONIA

Maksu- ja Tolliamet
Narva mnt 9j
EE-15176 Tallinn
Tel.: +372 683 5700
Fax: +372 683 5709
E-mail: toll@customs.ee

LITHUANIA

Customs Department under the Ministry of Finance of the Republic of Lithuania
A. Jaksto 1/25
LT-2600 Vilnius
Tel.: +370 5 2666111
Fax: +370 5 2666005

CZECH REPUBLIC

CUSTOMS DIRECTORATE HRADEC KRALOVE
ul. Bohuslava Martinu 1672/8a
P.O.BOX 88
CZ-501 01 HRADEC KRALOVE
Tel: 00420 49 5756 111, 00420 495756214, 00420 495756267
Fax: 00420 49 5756 200
E-mail: posta0601@cs.mfcr.cz
Internet: www.cs.mfcr.cz

ΜΑLTA

Director General of Customs
Customs House
Lascaris Wharf Valletta,
Tel.: +356 25685101
Fax: +356 25685243
E-mail: carmel.v.portelli@gov.mt
Internet: www.customs.business-line.com/

SLOVENIA

Customs Administration of Republic of Slovenia
General Customs Directorate
Šmartinska 55
SLO-1523 Ljubljana
Tel.: +386 1 478 38 00
Fax: +386 1 478 39 04
E-mail: ipr.curs@gov.si

CYPRUS

Customs Headquarters
Address: M. Karaoli
1096 Nicosia
Cyprus
Postal address:
Customs Headquarters
1440 Nicosia
Cyprus
Tel.: 00357-22-601652, 00357-22-601858
Fax: 00357-22-602769
E-mail: headquarters@customs.mof.gov.cy

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REPUBLIC OF LATVIA

Intellectual Property Rights Subdivision
Enforcement Division
National Customs Board
State Revenue Service
Republic of Latvia
Kr. Valdemara Street 1a
LV-1841 Riga
Tel.: +371 7047442, +371 7047400
Fax: +371 7047440
E-mail: customs@dep.vid.gov.lv
Internet: www.vid.gov.lv

HUNGARY

17. sz. Vámhivatal (Customs Office no. 17)
Dirección: H-1143, Budapest
Hungária krt. 112-114.
Dirección postal:
H-1591 Budapest
Pf. 310.
Tel.: +361 470-42-60 +361 470-42-61
Fax: +361 470-42-78 +361 470-42-79
E-mail: vh17000@mail.vpop.hu

POLAND

The Customs Chamber in Warsaw
Str. Modlińska 4
PL-03 216 Warsaw
Tel.: +48 22 5104611
Fax: +48 22 8115745

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ANNEX II

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ANNEX II-A

NOTES ON COMPLETION

I. OBLIGATORY INFORMATION ON RIGHTS AND ABILITY TO ACT

(a) Where the holder of the right makes the application himself:

— 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, related 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 referred to in Article 2(2)(b) authorised to use one of the rights
referred to in Article 2(1)(a), (b) and (c) 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 referred to in Article 2(2)(a) and (b) authorised to use
one of the rights referred to in Article 2(1)(a), (b) and (c) of the basic Regulation applies, in addition to the proof
required under points (a) and (b) of this Article, proof of authorisation to act.

The natural or legal person who fills in box 3 of the Application for action must, in all cases, be the one
who will provide the documents foreseen in box 10 of the Application for action.

(d) Box 5 contains all geographical

indications. Protected designation of origin (PDO) and protected geographical
indication (PGI) mean the official indications designated in accordance with Regulations (EEC) No 2081/92, (EC)
No 1107/96 and (EC) No 2400/96.‘Geographical indications for wines’means indications within the meaning of
Regulation (EC) No 1493/99.‘Geographical designations for spirituous beverages’ means the official designations
according to Regulation (EEC) No 1576/89. Individual producers as well as groups and their representatives are
entitled to make an application.

(e) Registration and specifications are required when an application is made: for protected designation of origin and

protected geographical indication.

II. WHAT DOES THE APPLICATION FOR ACTION HAVE TO CONTAIN?

(Article 5(4): ‘Where the applicant is the holder of a Community trademark, a Community design, a Community plant variety
right or a designation of origin or geographical
in addition to
requesting action by the customs authorities of the Member State in which it is lodged, request action by the customs authorities of
one or more other Member States’).

indication protected by the Community, an application may,

An application for action can be used by the right-holder, free of charge, either as a preventive measure or where he
has reason to think that his intellectual property right or rights have been or are likely to be infringed. The application
must contain all the information needed to make the goods in question readily recognisable by the customs
authorities, and in particular:

— an accurate and detailed technical description of the goods,

— any specific information the right-holder may have concerning the type or pattern of fraud,

— the name and address of the contact person appointed by the right-holder,

— the undertaking required of the applicant by Article 6 of the basic Regulation and proof that the applicant holds

the right for the goods in question.

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The application for action can be submitted electronically if an electronic data exchange system is available. In all
other cases, the form is to be completed by mechanical means or in legible handwriting and must not contain erasures
or overwriting.

— The right-holders must imperatively return the proof of receipt of the notification which was addressed to them by
the Customs Service, according to Articles 4 (ex officio) and 9. It must be done immediately after having received
this notification. The legal deadlines (three working days — ten working days) start from the moment of receipt of
the notification. It is imperative that the right-holder, as soon as he is contacted by the customs authorities,
confirms immediately the receipt of the notification.

— Within the meaning of the basic Regulation ‘working day’

is
considered every day other than public holidays, Saturdays and Sundays. Moreover, the calculation of working
days as included in Articles 4 and 13, has to be carried out taking into account the fact that the day of receipt of
the notification is not included. The deadlines to be taken into account within the meaning of the basic regulation
commence therefore as from the day after the receipt of the notification.

(reference to Regulation (EEC) No 1182/71)

III. HOW TO FILE AN APPLICATION FOR ACTION

The right-holder must submit his application for action to the relevant office referred to in box 2 of the form. On
receipt of the application, the competent customs office will process it and notify the applicant in writing of its
decision within 30 working days. If the office refuses the application by reasoned decision, the applicant has the right
of appeal. The period during which the customs authorities will take action is set at one year, renewable annually.

IV. EXPLANATIONS OF THE MAIN BOXES TO BE FILLED IN BY THE APPLICANT

Box 3: Name, address and capacity of the applicant. Within the meaning of Article 2(2), the applicant may be the
right-holder himself, a person authorised to use the intellectual property right or a designated representative.

The natural or legal person who fills in box 3 of the application for action must, in all cases, be the one who
will provide the documents foreseen in box 10 of the application for action.

Box 4: Status of the applicant. Tick the appropriate box.

Box 5: Type of right concerned by the application for action. Tick the appropriate box.

Box 6: Tick the box for the Member States in which action by the customs authorities is requested. You are strongly
advised to file an application for action in every Member State.

Boxes 7, 8 and 9: These boxes are very important. Accurate, practical details must be provided to enable the customs
authorities to quickly identify the goods detained (photos, documents, etc.).

Specific information relating to the type or pattern of fraud will facilitate risk analysis. The information should be as
detailed as possible to allow the customs authorities to identify suspect consignments simply and effectively using risk
analysis. These boxes should be used to provide customs with more accurate intelligence in relation to products and
so improve its understanding of trafficking. Additional supporting details can be provided such as: the pre tax value of
the legal goods, the location of the goods or their intended destination, particulars identifying the consignment or
packages, the scheduled arrival or departure date of the goods, the means of transport used, the identity of the
importer, exporter or holder.

Boxes 11 and 12: Contact details for the applicant’s contact persons dealing with administrative matters and questions
of technical expertise should be entered in Boxes 11 and 12. Box 12 is for the contact details of the person who
would be responsible for meeting the customs authorities to discuss technical details of the goods detained. The
person concerned must be easily reachable at short notice.

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Box 14: By signing this box, the right-holder certifies that he accepts the terms of the regulation and his obligations.

Box 15: The duly completed and signed form, together with as many extracts as the number of Member States
indicated in Box 6, must be submitted to the customs office specified in Article 5(2) of the basic regulation. The
application for action may have to be translated into the language of the Member States where it is to be filed.

The customs offices listed in Annex II-C are at your disposal for any further information.

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DECLARATION ACCORDING TO ARTICLE 6 OF COUNCIL REGULATION (EC) No 1383/2003

ANNEX II-B

I, the undersigned .................................

right-holder, within the meaning of Article 2(2) of Council Regulation (EC) No 1383/2003 hereinafter ‘the basic
Regulation’, of the intellectual property rights certified by the attached documents, hereby undertake in accordance
with Article 6 of the Regulation to assume liability towards the persons involved in a situation referred to in Article
1(1) in the event that a procedure initiated pursuant to present Regulation is discontinued owing to an act or omission on
my part or in the event that the goods in question are subsequently found not to infringe an intellectual property right.

— I hereby undertake to pay all costs incurred under the basic Regulation by keeping goods under customs control
including costs occasioned by the destruction of goods

pursuant to Article 9, and where applicable Article 11,
infringing an intellectual property right pursuant Article 17.

— I hereby certify that the undertaken is given in every Member State in which the decision granting the application

applies. I further agree to bear any translation costs required.

— I confirm that I have taken note of Article 12 of the basic Regulation and undertake to notify the department

indicated in Article 5(2) of any alteration to or loss of my intellectual property rights.

Done at ............................. on .../ ........ /20..

..............................................................................

(Signature)

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NAMES AND ADDRESSES FOR THE SUBMISSION OF AN APPLICATION FOR ACTION

ANNEX II-C

BELGIUM

Monsieur le Directeur général des douanes et accises
Service ‘Gestion des Groupes cibles’ — Direction 1 (Contrefaçon-Piraterie)
Boîte 37 Boulevard du Jardin Botanique 50
B-1010 Bruxelles
Téléphone (32-2) 210 31 38
Télécopieur (32-2) 210 32 13
Courrier électronique: org.contr.reg.div@minfin.fed.be

De heer Directeur-generaal van de Administratie der Douane en Accijnzen Dienst Diverse regelingen
Directie 1 ‘Namaak en Piraterij’
Rijksadministratief Centrum
Financietoren
bus 37 Kruidtuinlaan 50
B-1010 Brussel
Tel.: (32-2) 210 31 38
Fax: (32-2) 210 32 13
E-mail: org.contr.reg.div@minfin.fed.be

DENMARK

Central Customs and Tax Administration
Customs Control
Østbanegade 123
DK-2100 Copenhagen
Tel. +45 72379000
Fax: +45 72372917
E-mail: toldskat@toldskat.dk
Internet: www.erhverv.toldskat.dk

GERMANY

Oberfinanzdirektion Nürnberg Zentralstelle Gewerblicher Rechtsschutz
Sophienstraße 6
D-80333 München
Tel.: (49-89) 59 95 23 49
Fax: (49-89) 59 95 23 17
E-mail: zgr@ofdm.bfinv.de
Internet: www.zoll.de/e0_downloads/b0_vordrucke/e0_vub/index.html

SPAIN

Departamento de Aduanas e impuestos Especiales
Subdirección General de Gestión Aduanera
Avenida del Llano Castellano 17
E-28071 Madrid
Tel.: (34) 917 28 98 54
Fax: (34) 917 29 12 00

FRANCE

Direction générale des douanes
Bureau E4 — Section de la propriété intellectuelle
8 rue de la Tour des dames
F-75436 Paris Cedex 09
Téléphone (33-1) 55 07 48 60
Télécopieur (33-1) 55 07 48 66

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IRELAND

Office of the Revenue Commissioners
Customs Branch
Unit 2
Government Offices
Nenagh
Co Tipperary
Ireland
Tel. (353 67 63238)
Fax (353 67 32381)
E-mail: tariff@revenue.ie
Internet: www.revenue.ie

ITALY

Agenzia Delle Dogane
Ufficio Antifrode
Via Mario Carucci, 71
I-00144 Roma
Tel.: (39-6) 50 24 20 81 — 50 24 65 96
Fax: (39-6) 50 95 73 00 — 50 24 20 21
E-mail: dogane.antifrode@agenziadogane.it

LUXEMBOURG

Direction des douanes et accises
Division ‘Attributions Sécuritaires’
Boîte postale 1605
L-1016 Luxembourg
Téléphone (352) 29 01 91
Télécopieur (352) 49 87 90

NETHERLANDS

Douane-Noord/kantoor Groningen, afdeling IER
P.O. Box 380
9700 AJ Groningen
Nederland
Tel. +31 50 5232175
Fax: +31 50 5232176
E-mail: Douane.hier@tiscalimail.nl
Internet: www.douane.nl

AUSTRIA

Zollamt Villach
Competence Center Gewerblicher Rechtsschutz
Ackerweg 19
A-9500 Villach
Tel.: (43) 42 42 30 28-(39, 41 o 52)
Fax: (43) 42 42 30 28-71 oder 73
E-mail: post.425-pdp.zaktn@bmf.gv.at

PORTUGAL

Ministério das Finanças
Direcção-Geral das Alfândegas e dos Impostos
Especiais sobre o Consumo
Direcção de Servicos de Regulação Aduaneira
Rua da Alfândega, n.o 5 R/C
P-1149-006 Lisboa
Tel.: +351 21 881 3890
Fax: +351 21 881 3984
E-mail: dsra@dgaiec.min-financas.pt
Internet: www.dgaiec.min-financas.pt

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FINLAND

Tullihallitus
Valvontaosasto
PL 512
FI-00101 Helsinki
Tel.: (358) 20 492 27 48
Fax: (358) 20 492 26 69
Enforcement Department
National Board of Customs
Box 512
FI-00101 Helsinki

SWEDEN

Tullverkets huvudkontor
Handelsenheten
Box 12854
S-112 98 Stockholm
Tel.: (46) 771 520 520
Fax: (46-8) 405 05 50

From July 2004 the address will be:

Tullverket
Kc Ombud
Specialistenheten
Box 850
S-201 80 Malmö
Tel: (46) 771 520 520
Fax: (46-40) 661 30 13
Internet: www.tullverket.se

UNITED KINGDOM

HM Customs & Excise
CITOPS1st Floor West
Alexander House
21 Victoria Avenue
Southend-on-Sea
Essex SS99 IAA
United Kingdom
Tel. +44 1702 367221
Fax +44 1702 366825
Internet: www.hmce.gov.uk

GREECE

ATTIKA CUSTOMS DISTRICT
Pl. Ag. Nikolaou
GR-18510 Pireas
Tel. (+30 210) 4282461, 4515587
Fax: (+30 210) 451 10 09
Internet: www.e-oikonomia.gr

SLOVAK REPUBLIC

Customs Directorate of the Slovak Republic
Mierova 23
SK-815 11 Bratislava
Tel.: +421 2 48273101
Fax: +421 2 43336448
Internet: www.colnasprava.sk

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ESTONIA

Maksu- ja Tolliamet
Narva mnt 9j
EE-15176 Tallinn
Tel: +372 683 5700
Fax: +372 683 5709
E-mail: toll@customs.ee

LITHUANIA

Customs Department under the Ministry of Finance of the Republic of Lithuania
A. Jaksto 1/25
LT-2600 Vilnius
Tel.: +370 5 2666111
Fax.: +370 5 2666005

CZECH REPUBLIC

CUSTOMS DIRECTORATE HRADEC KRALOVE
ul. Bohuslava Martinu 1672/8a
P.O. BOX 88
CZ-501 01 HRADEC KRALOVE
Tel.: 00420 49 5756 111, 00420 495756214, 00420 495756267
Fax: 00420 49 5756 200
E-mail: posta0601@cs.mfcr.cz
Internet: www.cs.mfcr.cz

MALTA

Director general of Customs
Customs House
Lascaris Wharf Valletta
Tel.: +356 25685101
Fax: +356 25685243
E-mail: carmel.v.portelli@gov.mt
Internet: www.customs.business-line.com/

SLOVENIA

Customs Administration of Republic of Slovenia
General Customs directorate
Šmartinska 55
SLO-1523 Ljubljana
Tel.: +386 1 478 38 00
Fax: +386 1 478 39 04
E-mail: ipr.curs@gov.si

CYPRUS

Customs Headquarters
Address:
M. Karaoli
1096 Nicosia
Cyprus
Postal Address:
Customs Headquarters
1440 Nicosia
Cyprus
Tel.: 00357-22-601652, 00357-22-601858
Fax: 00357-22-602769
E-mail: headquarters@customs.mof.gov.cy

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REPUBLIC OF LATVIA

Intellectual Property Rights Subdivision
Enforcement Division
National Customs Board
State Revenue Service
Republic of Latvia
Kr. Valdemara Street 1a
LV 1841-Riga
Tel.: +371 7047442, +371 7047400
Fax: +371 7047423
E-mail: customs@dep.vid.gov.lv
Internet: www.vid.gov.lv

HUNGARY

17. sz. Vámhivatal (Customs Office no. 17)
Address:
H-1143 Budapest
Hungária krt. 112–114
Postal Address:
H-1591 Budapest
Pf. 310.
Tel.: +361 470-42-60, +361 470-42-61
Fax: +361 470-42-78, +361 470-42-79
E-mail: vh17000@mail.vpop.hu

POLAND

The Customs Chamber in Warsaw
Str. Modlińska 4
PL-03 216 Warsaw
Tel.: +48 22 5104611
Fax: +48 22 8115745