CELEX: 31995R1367
Language: en
Date: 1995-06-16 00:00:00
Title: 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 to prohibit the release for free circulation, export, re- export or entry for a suspensive procedure of counterfeit and pirated goods

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31995R1367

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 to prohibit the release for free circulation, export, re- export or entry for a suspensive procedure of counterfeit and pirated goods  

Official Journal L 133 , 17/06/1995 P. 0002 - 0003

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 to  prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of  counterfeit and pirated goodsTHE 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for exchanging that  information should be laid down; Whereas Commission Regulation (EEC) No 3077/87  (2) should be repealed; Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Customs Code Committee, HAS ADOPTED THIS REGULATION: Article 1 For the purposes of Article 1 (2) (c) 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 proof that the applicant holds one of the rights referred to in points (a) and (b)  of Article 1 (2) 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 applies himself: -  in the case of a right that is registered or for which an application has been lodged (trademark  or design right): proof of registration with the relevant office or lodging of the application, -  in the case of a copyright, neighbouring rights or design right that is unregistered or for  which an application has not been lodged: any proof of authorship or of his status as original  holder; (b)  where the application is made by any other person authorized to use one of the rights referred  to in points (a) and (b) of Article 1 (2) of the basic Regulation in addition to the proof required  under (a) hereof: the document by virtue of which the person is authorized to use the right in  question; (c)  where a representative of the holder or of any other person authorized to use one of the  rights referred to in points (a) and (b) of Article 1 (2) of the basic Regulation applies: in  addition to the proof required under (a) and (b) hereof, proof of authorization to act. 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  epiry 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 detailes  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. 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, communciate 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. 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. Done at Brussels, 16 June 1995. For the Commission Mario MONTI Member of the Commission