Commission Implementing Regulation (EU) 2018/582Dangos y teitl llawn

Commission Implementing Regulation (EU) 2018/582

of 12 April 2018

amending Implementing Regulation (EU) No 1352/2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003(1), and in particular Article 6(1) thereof,

Whereas:

(1) Commission Implementing Regulation (EU) No 1352/2013(2) established the application form provided for in Regulation (EU) No 608/2013 to be used for requesting that customs authorities take action with respect to goods suspected of infringing an intellectual property right (‘application form’).

(2) The application form needs to be adapted to take account of the practical experience made in using that form as well as to ensure a trouble free transmission and exchange of information via the central database referred to in Article 31 of Regulation (EU) No 608/2013.

(3) Where an application is submitted after the customs authorities have suspended the release of or detained the goods at their own initiative, this should be indicated on the application form by the applicant.

(4) By Regulation (EU) 2015/2424 of the European Parliament and of the Council(3), the term ‘Community trade mark’ was replaced in the Union legal order by the term ‘European Union trade mark’. The application form needs to be updated accordingly.

(5) Where the applicant requests the use of the procedure for the destruction of goods in small consignments in accordance with Article 26 of Regulation (EU) No 608/2013, he should be able to specify whether he wishes that procedure to be used in all the Member States or in one or several specific Member States.

(6) An applicant should be required to provide in the application form the names and addresses of involved companies and traders as that information is relevant to the customs authorities' analysis and assessment of the risk of infringement.

(7) Taking into account that, in accordance with Article 31 of Regulation (EU) No 608/2013, all exchanges of data on decisions relating to applications and detentions between the Member States and the Commission are to be made via the central database of the Commission and that that database needs to be adjusted to the new application form, the amendments to Annexes I and III to Implementing Regulation (EU) No 1352/2013 should apply from 15 May 2018.

(8) Implementing Regulation (EU) No 1352/2013 should therefore be amended accordingly.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1 U.K.

Implementing Regulation (EU) No 1352/2013 is amended as follows:

(1)

Annex I is replaced by the text set out in Annex I to this Regulation;

(2)

Annex III is amended in accordance with Annex II to this Regulation.

Article 2 U.K.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 15 May 2018.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 April 2018.

For the Commission

The President

Jean-Claude Juncker

ANNEX I U.K.

‘ANNEX I

’’.

ANNEX II U.K.

Part I of Annex III to Implementing Regulation (EU) No 1352/2013 is amended as follows:

(1)

in the note on the completion of box 1 (‘Applicant’), the text is replaced by the following:

‘Details concerning the applicant shall be entered in this box. It shall contain information on the name and complete address of the applicant, his Taxpayer Identification Number, any other national registration number or his Economic Operator Registration and Identification Number (EORI-No), which is a number, unique throughout the Union, assigned by a customs authority in a Member State to economic operators involved in customs activities, his telephone, mobile telephone or fax number and his email address. The applicant may also enter, where appropriate, his website address.’;

(2)

in the note on the completion of box 2 (‘Union/National application’), the following paragraph is added:

‘Where the application is submitted after the release of the goods was suspended or the goods were detained in accordance with Article 18 of Regulation (EU) No 608/2013, the box ‘National application (cf. Article 5(3))’ shall be ticked.’;

(3)

in the note on the completion of box 10 (‘Small consignment procedure’), the text is replaced by the following:

‘Where the applicant wishes to request the use of the procedure for destruction of goods in the small consignment set out in Article 26 of Regulation (EU) No 608/2013, he shall tick the appropriate box of the Member State, or Member States in case of a Union application, in which he wishes to have the procedure applied.’.

(1)

OJ L 181, 29.6.2013, p. 15.

(2)

Commission Implementing Regulation (EU) No 1352/2013 of 4 December 2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights (OJ L 341, 18.12.2013, p. 10).

(3)

Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OJ L 341, 24.12.2015, p. 21).