CELEX: 51998PC0639
Language: en
Date: 1998-11-09
Title: 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

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 (Î)
                                                        (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)
             (Î)ÙOJ C 108, 7.4.1998, p. 63.
                     INITIAL PROPOSAL                                                 AMENDED PROPOSAL
                                                      Article 1(5)
‘Article 5                                                         ‘Article 5
1.ÚÙØÙThe decision granting the application by the                 1.ÚÙThe decision granting the application by the holder
holder of the right shall be forwarded immediately to the          of the right shall be forwarded immediately to the
customs offices of the Member State which are liable to            customs offices of the Member State which are liable to
be concerned with the goods alleged in the application to          be concerned with the goods alleged in the application to
be counterfeit or pirated.                                         be counterfeit or pirated.
2.ÚÙWhere an application is submitted under the second             2.ÚÙWhere an application is submitted under the second
subparagraph of Article 3(1), the first indent of Article          subparagraph of Article 3(1), the first indent of Article
250 of Regulation (EEC) No 2913/92 shall apply                     250 of Regulation (EEC) No 2913/92 shall apply
mutatis mutandis to the decision granting the said                 mutatis mutandis to the decision granting the said
application and the decisions extending or repealing it.           application and the decisions extending or repealing it.
The service which adopted those decisions shall forward            The service which adopted those decisions shall forward
certified copies thereof to the relevant service of the            certified copies thereof to the relevant service of the
customs authority in the Member State or States where              customs authority in the Member State or States where
the applicant has requested that action be taken.                  the applicant has requested that action be taken.
The Member State or States so notified shall                       The Member State or States so notified shall
immediately acknowledge receipt of the decisions                   immediately acknowledge receipt of the decisions
referred to in the first subparagraph.                             referred to in the first subparagraph. Such decisions shall
                                                                   be forwarded immediately to customs offices liable to be
                                                                   concerned with the alleged counterfeit goods.
 ---pagebreak--- 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           The period referred to in the third subparagraph of
Article 3(5) shall run from the date on which the             Article 3(5) shall run from the date on which the
decision granting the application was adopted. The            decision granting the application was adopted. The
Member States to which the said decision is addressed         Member States to which the said decision is addressed
may suspend implementation until the fee referred to in       may suspend implementation until the fee referred to in
the second subparagraph of Article 3(4) has been paid         the second subparagraph of Article 3(4) has been paid
and the security referred to in Article 3(6) has been         and the security referred to in Article 3(6) has been
provided.’                                                    provided.’
                                                 Article 1(5a)(new)
                                                              5a.ÙThe 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:
                                                                  —Ùthey 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
                                                                  —Ùthe 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.ÙThe second sentence of Article 11 is replaced by the
                                                                 following:
                                                                 ‘Such penalties must be effective and proportionate
                                                                 and constitute an effective deterrent.’