CELEX: 31969R1788
Language: en
Date: 1969-09-10 00:00:00
Title: Regulation (EEC) No 1788/69 of the Commission of 10 September 1969 determining certain exceptions within the meaning of Article 3 (2) of Council Regulation (EEC) No 803/68

Official Journal of the European Communities                                    387
 No L 230/8                         Official Journal of the European Communities                                11.9.69
                            REGULATION (EEC) No 1788/69 OF THE COMMISSION
                                                 of 10 September 1969
               determining certain exceptions within the meaning of Article 3 (2) of Council
                                             Regulation (EEC) No 803/68
 THE    COMMISSION       OF   THE   EUROPEAN       COM­        Whereas, in particular, the value of the right to use a
 MUNITIES ,                                                    trade mark which is not to be treated as a foreign
                                                               trade mark and belongs to a person established in a
 Having regard to the Treaty establishing the                  Member State should not be included in the value for
 European Economic Community;                                  customs purposes when, for practical reasons, such
                                                               trade mark was affixed in a foreign country at the
Having regard to Council Regulation (EEC) No                   request of that person to goods purchased by him
 803 /68 1 of 27 June 1968 on the valuation of goods           bearing no trade mark; whereas such a case should
 for customs purposes, and in particular Articles 3 (2)        not be treated differently from the case in which a
 and 17 thereof;                                               trade mark not treated as a foreign trade mark is
                                                               affixed to goods after importation;
Whereas Regulation (EEC) No 803/68 lays down, in
particular in Article 3 (1) thereof, that when the
goods to be valued are imported under a trade mark             Whereas when the right to use a foreign trade mark
or are imported for sale, other disposal or use under          gives rise to payment of a royalty the amount thereof
a foreign trade mark, the normal price is to be                must be included in the value for customs purposes ;
determined on the assumption that it includes the              whereas, on the other hand, when the payment of
value of the right to use the trade mark in respect of         such royalty is not required and the trade mark
such goods ;                                                   owned by a person established in a Member State is
                                                               to be treated as a foreign trade mark by reason of the
Whereas Article 3 (7) of that Regulation provides              business association existing between him and the
that a trade mark is to be treated as a foreign trade          supplier of the goods to be valued, the value of that
mark for purposes of that Article if it is the mark of:        right should not, in certain cases and under certain
                                                              conditions, be included in the value for customs
 (a) any person by whom the goods to be valued have           purposes ;
     been grown, produced, manufactured or offered
     for sale, or otherwise dealt with, outside the
     customs territory of the Community; or                    Whereas the application of such exceptions is
(b) any person who is associated in business with              justified when goods are imported for the purpose of
                                                               sale, other disposal or use under a foreign trade mark
     any of the persons referred to under (a); or
                                                               after subsequent manufacture or processing; whereas
(c) any person whose rights in the mark are                   Article 3 (3 ) of the above-mentioned Regulation is
     restricted by an agreement with any person               worded in such manner that it must be given the
     referred to under (a) or (b);                  1          same field of application as Article 3 (1);
Whereas, where the right to use the trade mark
belongs to a person established in a Member State,            Whereas it is important to ensure uniform application
the application of Article 3 ( 1 ) and (7) of that             of the provisions of Regulation (EEC) No 803 /68 in
Regulation may lead to a valuation which in certain           the matter and to adopt all necessary provisions to
cases is difficult to justify; whereas the exceptions         that end;
which may be made under Article 3 (2) must aim to
avoid such results ;
                                                              Whereas the provisions of this Regulation are in
                                                               accordance with the Opinion of the Customs
1 OJ No L 148, 28.6.1968, p . 6.                               Valuation Committee;
 ---pagebreak--- 388                                 Official Journal of the European Communities
HAS ADOPTED THIS REGULATION :                                  (b) The trade mark is that of a person established in
                                                                   a Member State who is associated in business
                         Article 1
                                                                   with the supplier of the goods to be valued but
                                                                   who also imports for sale under the same trade
                                                                   mark, identical goods obtained in the open
The value of the right to use a trade mark which is                market, as provided for in Article 1 ( 1 ) of
not treated as a foreign trade mark within the                     Regulation (EEC) No 803/68 ;
meaning of Article 3 (7) of Regulation (EEC) No
803 /68 shall not be included in the value for customs         (c) The trade mark is that of a person established in
purposes, where such trade mark is that of a person                a Member State whose business association with
established in a Member State, if that person is the               the supplier of the goods to be valued stems
importer of the goods and the mark was affixed                     solely from the fact that a third party has a share
abroad at his request.                                             in the property of both, if such association has
                                                                   no    influence   whatsoever      on   transactions
                                                                   involving the goods in question;
                         Article 2                             (d) The trade mark is that of a person established in
                                                                   a Member State whose business association with
1 . In so far as the right to use a trade mark treated             the supplier of the goods to be valued stems
as a foreign trade mark within the meaning of Article              solely from the fact that he has granted a loan to
3 (7) of Regulation (EEC) No 803/68 does not entail                the supplier, or has received a loan from him, or
the payment of any royalty, the value of such right                that both have received a loan from a third party,
shall not be included in the value for customs                     if such association has no influence whatsoever
purposes where one or more of the following                        on transactions involving the goods in question.
conditions ,are satisfied :
                                                               2. The rules set out in paragraph 1 shall also apply
(a) The trade mark is that of a sole agent or sole             where goods are imported for sale, other disposal or
     concessionaire established in a Member State,             use, under a foreign trade mark, after subsequent
    there is no business association between the agent         manufacture or processing.
     or concessionaire and the supplier of the goods
     to be valued other than the relationship created
                                                                                      Article 3
     by the agency or concession and the rights of the
     agent or concessionaire in the trade mark are not
     restricted within the meaning of Article 3 (7) (c)        This Regulation shall enter into force on 1 January
     of Regulation (EEC) No 803/68 ;                           1970.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 10 September 1969.
                                                                                  For the Commission
                                                                                     The President
                                                                                        Jean REY