Commission Regulation (EC) No 1172/2007 of 5 October 2007 amending 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: 2007-10-05
Institutions: European Commission
Subjects: Bulgaria, Romania, customs inspection, customs regulations, form, fraud, illicit trade, industrial counterfeiting, intellectual property

L 261/12

EN

Official Journal of the European Union

6.10.2007

COMMISSION REGULATION (EC) No 1172/2007

of 5 October 2007

amending 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,

(5)

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)

(3)

Regulation (EC) No 1383/2003 provides for action by
the customs authorities in respect of goods suspected of
infringing certain intellectual property rights.

Commission Regulation (EC) No 1891/2004 (2)
lays
down provisions for the implementation of Regulation
(EC) No 1383/2003, in particular as regards the appli-
cation for action forms. Annexes I and II to that Regu-
lation contain the models showing the required format of
such application forms.

publish the

the Commission must

Annexes I-C and II-C to Regulation (EC) No 1891/2004
contain the list of competent authorities to which appli-
cations for national and Community action respectively
must be submitted. Article 8 of the Regulation provides
that
of
departments within the customs authority, as referred
to in Article 5(2) of Regulation (EC) No 1383/2003, in
the C series of the Official Journal of the European Union.
As the lists in Annexes I-C and II-C contain information
to change and needs to be regularly
that
updated, it is more appropriate to publish them in the
the European Union.
C series of
Annexes
(EC)
No 1891/2004 should therefore be deleted.

the Official
I-C

Journal of
to
II-C

Regulation

is subject

and

list

(4)

On 1 January 2007 Bulgaria and Romania acceded to the
European Union. Regulation (EC) No 1891/2004 should
therefore be adapted to include reference to these
countries
in the Community application for action
form which it contains.

(1) OJ L 196, 2.8.2003, p. 7.
(2) OJ L 328, 30.10.2004, p. 16.

The Community application for action form should have
been adapted by Commission Regulation (EC) No
1792/2006 of 23 October 2006 adapting certain regu-
lations and decisions in the fields of free movement of
goods, freedom of movement of persons, competition
policy, agriculture (veterinary and phytosanitary legis-
lation),
statistics,
transport policy,
social policy and employment, environment, customs
union and external relations by reason of the accession
of Bulgaria and Romania (3), which entered into force on
the date of
the Treaty of
the entry into force of
Accession of these countries.

taxation,

fisheries,

(6)

(7)

(8)

In the interests of consistency, the Community appli-
cation for action form should be adapted from the
date of accession of Bulgaria and Romania.

Regulation (EC) No 1891/2004 should therefore be
amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1891/2004 is hereby amended as follows:

1. In Annex I, in box 2 of the national application for action
(AA) form, the words ‘(see Annex l-C for details)’ are deleted.

2. Annex I-C is deleted.

3. Annex II is replaced by the text in the Annex to this Regu-

lation.

4. In Annex IIA,

in the final sentence, the words ‘listed in

Annex II-C’ are deleted.

5. Annex II-C is deleted.

(3) OJ L 362, 20.12.2006, p. 1.

6.10.2007

EN

Official Journal of the European Union

L 261/13

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

Article 2

However, Article 1(3) shall apply from 1 January 2007.

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

Done at Brussels, 5 October 2007.

For the Commission

László KOVÁCS
Member of the Commission

L 261/14

EN

Official Journal of the European Union

6.10.2007

ANNEX

‘ANNEX II

6.10.2007

EN

Official Journal of the European Union

L 261/15

L 261/16

EN

Official Journal of the European Union

6.10.2007

6.10.2007

EN

Official Journal of the European Union

L 261/17

L 261/18

EN

Official Journal of the European Union

6.10.2007

6.10.2007

EN

Official Journal of the European Union

L 261/19

L 261/20

EN

Official Journal of the European Union

6.10.2007

6.10.2007

EN

Official Journal of the European Union

L 261/21

L 261/22

EN

Official Journal of the European Union

6.10.2007

6.10.2007

EN

Official Journal of the European Union

L 261/23