Source: EURLEX
Language: en
Format: md

1995R1367 — EN — 01.07.1999 — 001.001 — 1

**This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents**

**►B** **►M1 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 concerning the entry into the Community and the export and re-export from the**
**Community of goods infringing certain intellectual property rights ◄**

(OJ L 133, 17.6.1995, p. 2)

Amended by:

Official Journal

No page date

**►M1** Commission Regulation (EC) No 2549/1999 of 2 December 1999 L 308 16 3.12.1999

**▼B**

**▼M1**

**▼B**

**▼M1**

1995R1367 — EN — 01.07.1999 — 001.001 — 2

**COMMISSION REGULATION (EC) No 1367/95**

**of 16 June 1995**

**laying down provisions for the implementation of Council Regula-**
**tion (EC) No 3295/94 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**

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 to prohibit the release for free circulation,
export, re-export or entry for a suspensive procedure of counterfeit and
pirated goods, and in particular Articles 12, 13 and 14 thereof ( [1] ),

Whereas Regulation (EC) No 3295/94 introduced common rules with a
view to prohibiting the release for free circulation, export, re-export or
entry for a suspensive procedure of counterfeit and pirated goods and
dealing effectively with the illegal marketing of such goods without
impeding the freedom of legitimate trade;

Whereas the nature of the proof of ownership of intellectual property
required by the second indent of the first subparagraph of Article 3 (2)
of Regulation (EC) No 3295/94 should be established;

Whereas Article 14 of Regulation (EC) No 3295/94 provides that
Member States are to communicate to the Commission all relevant
information for applying that Regulation and that the Commission is to
communicate that information to the other Member States; whereas the
procedure for exchanging that information should be laid down;

Whereas Commission Regulation (EEC) No 3077/87 ( [2] ) should be
repealed;

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

HAS ADOPTED THIS REGULATION:

_Article 1_

**►M1** For the purposes of Article 1(2)(b) of Regulation (EC) No
3295/94 **◄**, hereinafter referred to as ‘the basic Regulation' the holder
of a right or any other person authorized to use the right may be
represented by a natural or legal person; such a person includes a
collecting society which has as its sole or principal purpose the management or administration of copyrights or neighbouring rights.

_Article 2_

The evidence that the applicant holds an intellectual property right
referred to in Article 1(2)(a) of the basic Regulation, 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 application:

— 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,

( [1] ) OJ No L 341, 30. 12. 1994, p. 8.
( [2] ) OJ No L 291, 15. 10. 1987, p. 19.

1995R1367 — EN — 01.07.1999 — 001.001 — 3

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— 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 addition to the proof required under
points (a) and (b) of this Article, proof of authorisation to act.

_Article 2a_

1. The form on which the application for action referred to in Article
3(1), second subparagraph, of the basic Regulation, 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.

Where additional pages are to be used, as referred to in the second
subparagraph of paragraph 8, they shall be considered 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/m [2] ;

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

3. Without prejudice to the implementation of the provisions 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.

5. Except in the case where the form is made available to 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.

6. Forms shall be filled in by mechanical means or 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 subsequently 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.

8. The applicant shall complete boxes 1 to 9 of the form, 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

1995R1367 — EN — 01.07.1999 — 001.001 — 4

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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.

9. The duly completed and signed form, accompanied by 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.

10. When the appropriate service of the 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 appropriate 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 interested 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.

**▼B**

_Article 3_

The pertinent information referred to in the second subparagraph of
Article 3 (2) of the basic Regulation shall include particulars of the
goods, notably their value and their packaging, plus any information
that could help distinguish them from goods for which there is a
protected right. under the terms of the second subparagraph of Article 3
(2), this information should be as detailed as possible to enable the
customs authorities, using risk analysis, to identify suspect consignments accurately and without excessive effort.

_Article 4_

If an application is lodged in accordance with Article 4 of the basic
Regulation before expiry of the time-limit of three days, the time-limits
referred to in Article 7 of the Regulation shall be counted from the day
of receipt of the request for action.

If the customs authority suspends release of the goods or detains them
in accordance with Article 4 of the basic Regulation, it shall forthwith
inform the declarant.

_Article 5_

1. Each Member State shall, at the earliest opportunity, send the
Commission details of:

(a) the laws, regulations or administrative provisions which it adopts in
implementation of this Regulation. It shall likewise inform the
Commission of any provisions of its national law which preclude
informing the holder as provided for in the second subparagraph of
Article 6 (1) and in Article 8 (3) of the basic Regulation;

(b) the competent customs department responsible for receiving and
handling the holder’s written application, referred to in Article 3 (8)
of the basic Regulation.

1995R1367 — EN — 01.07.1999 — 001.001 — 5

**▼B**
2. To enable the Commission to monitor the effective application of
the procedure laid down by the basic Regulation and draw up, in due
course, the report referred to in Article 15 thereof, each Member State
shall send the Commission:

(a) at the end of each calendar year, a list of all the written applications
under Article 3 (1) of the basic Regulation, together with the name
and address of the holder, a brief description of the goods and,
where relevant, the trademark, and the action taken in response to
the application;

(b) at the end of each quarter, a list of specific cases in which goods
have been detained or their release suspended. The information
provided on each case must include:

— the name and address of the holder of the right and a brief
description of the goods and, where relevant, the trademark, and
— the customs situation, country of consignment or destination,
description, quantity and declared value of the goods the release
of which has been suspended or which have been detained, and
the date of such suspension or detention.

3. The Commission shall, in an appropriate manner, communicate to
all Member States such information as it receives pursuant to this
Article. Details of cases provided for in point (b) of paragraph 2 shall be
sent quarterly to the Member States by the Commission.

4. Details communicated pursuant to paragraphs 1, 2 and 3 may be
used only for the purposes established by the basic Regulation.

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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.

**▼B**

_Article 6_

Regulation (EEC) No 3077/87 is hereby repealed with effect from 1
July 1995.

_Article 7_

This Regulation shall enter into force on the third day following its
publication in the _Official Journal of the European Communities_ .

It shall apply from 1 July 1995.

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

1995R1367 — EN — 01.07.1999 — 001.001 — 6

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_ANNEX_

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

|1|1. Name, capacity and address of applicant<br>[Holder of a Community trade mark within the meaning of Article<br>1(2)(b) of Regulation (EC) no 3295/94]<br>Name:<br>Function:<br>Address:<br>Postal code: Town:<br>Country:<br>Phone:<br>Fax:<br>E-mail:|APPLICATION FOR ACTION<br>BY<br>CUSTOMS AUTHORITIES<br>under the second subparagraph of Article 3(1) of Regulation<br>(EC) No 3295/94|Col4|
|---|---|---|---|
|COPY FOR THE INITIAL MEMBER STATE|COPY FOR THE INITIAL MEMBER STATE|COPY FOR THE INITIAL MEMBER STATE|COPY FOR THE INITIAL MEMBER STATE|
|COPY FOR THE INITIAL MEMBER STATE|2.** Status of applicant** (1)<br>**holder of Community trade mark**<br>**person authorised to use Community trade mark**<br>**representative of Community trade mark holder**<br>**representative of person authorised to use Community trade**<br>**mark**|3.** Competent authority to which application is made**|3.** Competent authority to which application is made**|
|**1**|**1**|**1**|**1**|
||4.** Essential information regarding the goods (type, CN code (2) marks, packing, etc.**<br>**See also attached additional page(s), the number of pages being: (1)**|4.** Essential information regarding the goods (type, CN code (2) marks, packing, etc.**<br>**See also attached additional page(s), the number of pages being: (1)**|4.** Essential information regarding the goods (type, CN code (2) marks, packing, etc.**<br>**See also attached additional page(s), the number of pages being: (1)**|
||5.** Member States in which action by customs authorities is requested** (1)<br>AT<br>BE<br>DE<br>DK<br>EL<br>ES<br>FR<br>IE<br>IT<br>LU<br>NL<br>PT<br>FI<br>SE<br>GB<br>XX<br>YY<br>ZZ|5.** Member States in which action by customs authorities is requested** (1)<br>AT<br>BE<br>DE<br>DK<br>EL<br>ES<br>FR<br>IE<br>IT<br>LU<br>NL<br>PT<br>FI<br>SE<br>GB<br>XX<br>YY<br>ZZ|5.** Member States in which action by customs authorities is requested** (1)<br>AT<br>BE<br>DE<br>DK<br>EL<br>ES<br>FR<br>IE<br>IT<br>LU<br>NL<br>PT<br>FI<br>SE<br>GB<br>XX<br>YY<br>ZZ|
||6.** Contact person:**<br>Phone:<br>Fax:<br>E-mail:|6.** Contact person:**<br>Phone:<br>Fax:<br>E-mail:|7.** Place:**<br>**Date:**<br>**Signature:**|

1995R1367 — EN — 01.07.1999 — 001.001 — 7

|▼M1|Col2|
|---|---|
|8.** Person to contact in other Member State(s) where action is requested** (1)**:**<br>**BE**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**DK** Name:<br>Address:<br>Phone:<br>Fax:<br>**DE** Name:<br>Address:<br>Phone:<br>Fax:<br>**EL**<br>Name:<br>Address:<br>Phone:<br>Fax:|8.** Person to contact in other Member State(s) where action is requested** (1)**:**<br>**BE**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**DK** Name:<br>Address:<br>Phone:<br>Fax:<br>**DE** Name:<br>Address:<br>Phone:<br>Fax:<br>**EL**<br>Name:<br>Address:<br>Phone:<br>Fax:|
|**ES**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**FI**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**FR**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**IE**<br>Name:<br>Address:<br>Phone:<br>Fax:|**ES**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**FI**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**FR**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**IE**<br>Name:<br>Address:<br>Phone:<br>Fax:|
|**IT**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**LU**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**AT**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**NL**<br>Name:<br>Address:<br>Phone:<br>Fax:|**IT**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**LU**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**AT**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**NL**<br>Name:<br>Address:<br>Phone:<br>Fax:|
|**PT**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**SE**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**GB**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>Name:<br>Address:<br>Phone:<br>Fax:|**PT**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**SE**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**GB**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>Name:<br>Address:<br>Phone:<br>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**|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|DECISION BY CUSTOMS AUTHORITY|
|**This application has been approved (1) (3)**<br>Decision valid until (3):|Place and date (3):<br>Signature and stamp (3):|
|**This application has been rejected. The grounds for refusal and the**<br>**appeal procedure are explained in the annex to this document (1) (3)**|Place and date (3):<br>Signature and stamp (3):|
|ACKNOLEDGEMENT OF RECEIPT (1)|ACKNOLEDGEMENT OF RECEIPT (1)|
|AT<br>BE<br>DE<br>DK<br>EL<br>ES<br>FR<br>IE<br>IT<br>LU<br>NL<br>PT<br>FI<br>SE<br>GB<br>Authority’s name:<br>Place and date received (4):<br>Signature and stamp (4):|AT<br>BE<br>DE<br>DK<br>EL<br>ES<br>FR<br>IE<br>IT<br>LU<br>NL<br>PT<br>FI<br>SE<br>GB<br>Authority’s name:<br>Place and date received (4):<br>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.

**▼M1**

1995R1367 — EN — 01.07.1999 — 001.001 — 8

|2|1. Name, capacity and address of applicant<br>[Holder of a Community trade mark within the meaning of Article<br>1(2)(b) of Regulation (EC) No 3295/94]<br>Name:<br>Function:<br>Address:<br>Postal code: Town:<br>Country:<br>Phone:<br>Fax:<br>E-mail:|APPLICATION FOR ACTION<br>BY<br>CUSTOMS AUTHORITIES<br>under the second subparagraph of Article 3(1) of Regulation<br>(EC) No 3295/94|Col4|
|---|---|---|---|
|COPY FOR THE HOLDER OF THE COMMUNITY TRADE MARK|COPY FOR THE HOLDER OF THE COMMUNITY TRADE MARK|COPY FOR THE HOLDER OF THE COMMUNITY TRADE MARK|COPY FOR THE HOLDER OF THE COMMUNITY TRADE MARK|
|COPY FOR THE HOLDER OF THE COMMUNITY TRADE MARK|2.** Status of applicant** (1)<br>**holder of Community trade mark**<br>**person authorised to use Community trade mark**<br>**representative of Community trade mark holder**<br>**representative of person authorised to use Community trade**<br>**mark**|3.** Competent authority to which application is made**|3.** Competent authority to which application is made**|
|**2**|**2**|**2**|**2**|
||4.** Essential information regarding the goods (type, CN code (2), marks, packing, etc.**<br>**See also attached additional page(s), the number of pages being: (1)**|4.** Essential information regarding the goods (type, CN code (2), marks, packing, etc.**<br>**See also attached additional page(s), the number of pages being: (1)**|4.** Essential information regarding the goods (type, CN code (2), marks, packing, etc.**<br>**See also attached additional page(s), the number of pages being: (1)**|
||5.** Member States in which action by customs authorities is requested** (1)<br>AT<br>BE<br>DE<br>DK<br>EL<br>ES<br>FR<br>IE<br>IT<br>LU<br>NL<br>PT<br>FI<br>SE<br>GB<br>XX<br>YY<br>ZZ|5.** Member States in which action by customs authorities is requested** (1)<br>AT<br>BE<br>DE<br>DK<br>EL<br>ES<br>FR<br>IE<br>IT<br>LU<br>NL<br>PT<br>FI<br>SE<br>GB<br>XX<br>YY<br>ZZ|5.** Member States in which action by customs authorities is requested** (1)<br>AT<br>BE<br>DE<br>DK<br>EL<br>ES<br>FR<br>IE<br>IT<br>LU<br>NL<br>PT<br>FI<br>SE<br>GB<br>XX<br>YY<br>ZZ|
||6.** Contact person:**<br>Phone:<br>Fax:<br>E-mail:|6.** Contact person:**<br>Phone:<br>Fax:<br>E-mail:|7.** Place:**<br>**Date:**<br>**Signature:**|

1995R1367 — EN — 01.07.1999 — 001.001 — 9

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|---|---|
|8.** Representative of the holder of the trade mark in other Member State(s) where action is requested** (1):<br>**BE**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**DK**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**DE**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**EL**<br>Name:<br>Address:<br>Phone:<br>Fax:|8.** Representative of the holder of the trade mark in other Member State(s) where action is requested** (1):<br>**BE**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**DK**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**DE**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**EL**<br>Name:<br>Address:<br>Phone:<br>Fax:|
|**ES**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**FI**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**FR**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**IE**<br>Name:<br>Address:<br>Phone:<br>Fax:|**ES**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**FI**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**FR**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**IE**<br>Name:<br>Address:<br>Phone:<br>Fax:|
|**IT**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**LU**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**AT**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**NL**<br>Name:<br>Address:<br>Phone:<br>Fax:|**IT**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**LU**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**AT**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**NL**<br>Name:<br>Address:<br>Phone:<br>Fax:|
|**PT**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**SE**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**GB**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>Name:<br>Address:<br>Phone:<br>Fax:|**PT**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**SE**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>**GB**<br>Name:<br>Address:<br>Phone:<br>Fax:<br>Name:<br>Address:<br>Phone:<br>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**|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|DECISION BY CUSTOMS AUTHORITY|
|**This application has been rejected (1) (3)**<br>Decision valid until (3)|Place and date (3):<br>Signature and stamp (3):|
|**This application has been rejected. The grounds for refusal and the**<br>**appeal procedure are explained in the annex to this document (1) (3)**|Place and date (3):<br>Signature and stamp (3):|
|ACKNOWLEDGEMENT OF RECEIPT (1)|ACKNOWLEDGEMENT OF RECEIPT (1)|
|AT<br>BE<br>DE<br>DK<br>EL<br>ES<br>FR<br>IE<br>IT<br>LU<br>NL<br>PT<br>FI<br>SE<br>GB<br>Authority’s name:<br>Place and date received (4):<br>Signature and stamp (4):|AT<br>BE<br>DE<br>DK<br>EL<br>ES<br>FR<br>IE<br>IT<br>LU<br>NL<br>PT<br>FI<br>SE<br>GB<br>Authority’s name:<br>Place and date received (4):<br>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) n [o] 3295/94 .