Regulation (EU) No 608/2013 of the European Parliament and of the CouncilDangos y teitl llawn

SECTION 2 U.K. Decisions on applications

Article 7 U.K. Processing of incomplete applications

1. Where, on receipt of an application, the competent customs department considers that the application does not contain all the information required by Article 6(3), the competent customs department shall request the applicant to supply the missing information within 10 working days of notification of the request.

In such cases, the time-limit referred to in Article 9(1) shall be suspended until the relevant information is received.

2. Where the applicant does not provide the missing information within the period referred to in the first subparagraph of paragraph 1, the competent customs department shall reject the application.

Article 8 U.K. Fees

The applicant shall not be charged a fee to cover the administrative costs resulting from the processing of the application.

Article 9 U.K. Notification of decisions granting or rejecting applications

1. The competent customs department shall notify the applicant of its decision granting or rejecting the application within 30 working days of the receipt of the application. In the event of rejection, the competent customs department shall provide reasons for its decision and include information on the appeal procedure.

2. If the applicant has been notified of the suspension of the release or the detention of the goods by the customs authorities before the submission of an application, the competent customs department shall notify the applicant of its decision granting or rejecting the application within two working days of the receipt of the application.

Article 10 U.K. Decisions concerning applications

1. [F1 A decision granting an application and any decision revoking it or amending it shall take effect in the United Kingdom from the day following the date of adoption.]

A decision extending the period during which customs authorities are to take action shall take effect in the [F2 United Kingdom] in which the national application was submitted on the day following the date of expiry of the period to be extended.

2. F3 ...

Textual Amendments

F1 Words in Art. 10(1) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 9(a)(i) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 10(1) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 9(a)(ii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 10(2) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 9(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K. Period during which the customs authorities are to take action

1. When granting an application, the competent customs department shall specify the period during which the customs authorities are to take action.

That period shall begin on the day the decision granting the application takes effect, pursuant to Article 10, and shall not exceed one year from the day following the date of adoption.

2. Where an application submitted after notification by the customs authorities of the suspension of the release or detention of the goods in accordance with Article 18(3) does not contain the information referred to in point (g), (h) or (i) of Article 6(3), it shall be granted only for the suspension of the release or detention of those goods, unless that information is provided within 10 working days after the notification of the suspension of the release or detention of the goods.

3. Where an intellectual property right ceases to have effect or where the applicant ceases for other reasons to be entitled to submit an application, no action shall be taken by the customs authorities. The decision granting the application shall be revoked or amended accordingly by the competent customs department that granted the decision.

Article 12 U.K. Extension of the period during which the customs authorities are to take action

1. On expiry of the period during which the customs authorities are to take action, and subject to the prior discharge by the holder of the decision of any debt owed to the customs authorities under this Regulation, the competent customs department which adopted the initial decision may, at the request of the holder of the decision, extend that period.

2. Where the request for extension of the period during which the customs authorities are to take action is received by the competent customs department less than 30 working days before the expiry of the period to be extended, it may refuse that request.

3. The competent customs department shall notify its decision on the extension to the holder of the decision within 30 working days of the receipt of the request referred to in paragraph 1. The competent customs department shall specify the period during which the customs authorities are to take action.

4. The extended period during which the customs authorities are to take action shall run from the day following the date of expiry of the previous period and shall not exceed one year.

5. Where an intellectual property right ceases to have effect or where the applicant ceases for other reasons to be entitled to submit an application, no action shall be taken by the customs authorities. The decision granting the extension shall be revoked or amended accordingly by the competent customs department that granted the decision.

6. The holder of the decision shall not be charged a fee to cover the administrative costs resulting from the processing of the request for extension.

[F4 7. The Commissioners for Her Majesty’s Revenue and Customs shall establish an extension request form.]

Textual Amendments

F4 Art. 12(7) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 10 (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K. Amending the decision with regard to intellectual property rights.

The competent customs department that adopted the decision granting the application may, at the request of the holder of that decision, modify the list of intellectual property rights in that decision.

Where a new intellectual property right is added, the request shall contain the information referred to in points (c), (e), (g), (h) and (i) of Article 6(3).

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Words in Art. 13 omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 11 (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K. Notification obligations of the competent customs department

1. The competent customs department to which a national application has been submitted shall forward the following decisions to the customs offices F6 ..., immediately after their adoption:

(a) decisions granting the application;

(b) decisions revoking decisions granting the application;

(c) decisions amending decisions granting the application;

(d) decisions extending the period during which the customs authorities are to take action.

F7 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The competent customs department shall forward its decision suspending the actions of the customs authorities under F9 ... Article 16(2) to the customs offices F9 ..., immediately after its adoption.

Textual Amendments

F6 Words in Art. 14(1) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 12(a) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 14(2) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 12(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 14(3) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 12(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 14(4) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 12(c) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 15 U.K. Notification obligations of the holder of the decision

The holder of the decision shall immediately notify the competent customs department that granted the application of any of the following:

(a)

an intellectual property right covered by the application ceases to have effect;

(b)

the holder of the decision ceases for other reasons to be entitled to submit the application;

(c)

modifications to the information referred to in Article 6(3).

Article 16 U.K. Failure of the holder of the decision to fulfil his obligations

1. Where the holder of the decision uses the information provided by the customs authorities for purposes other than those provided for in Article 21, the competent customs department F10 ... may:

(a) revoke any decision adopted by it granting [F11 an] application to that holder of the decision, and refuse to extend the period during which the customs authorities are to take action;

F12 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The competent customs department may decide to suspend the actions of the customs authorities until the expiry of the period during which those authorities are to take action, where the holder of the decision:

(a) does not fulfil the notification obligations set out in Article 15;

(b) does not fulfil the obligation on returning samples set out in Article 19(3);

(c) does not fulfil the obligations on costs and translation set out in Article 29(1) and (3);

(d) without valid reason does not initiate proceedings as provided for in Article 23(3) or Article 26(9).

F13 ...

Textual Amendments

F10 Words in Art. 16(1) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 13(a)(i) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Word in Art. 16(1)(a) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 13(a)(ii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Art. 16(1)(b) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 13(a)(iii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 16(2) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 13(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)