Source: EURLEX
Language: en
Format: md

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-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)

(�)�OJ C 108, 7.4.1998, p. 63.

INITIAL PROPOSAL AMENDED PROPOSAL

Article 1(5)

‘Article 5

1.����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.��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 Member State or States so notified shall
immediately acknowledge receipt of the decisions
referred to in the first subparagraph.

‘Article 5

1.��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.��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 Member State or States so notified shall
immediately acknowledge receipt of the decisions
referred to in the first subparagraph. Such decisions shall
be forwarded immediately to customs offices liable to be
concerned with the alleged counterfeit goods.

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.�The following second subparagraph is added to
Article 6(1):

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

—�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

—�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.�The second sentence of Article 11 is replaced by the
following:

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