CHAPTER IIAPPLICATIONS
SECTION 2Decisions on applications
Article 7Processing 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 8Fees
The applicant shall not be charged a fee to cover the administrative costs resulting from the processing of the application.
Article 9Notification 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 10Decisions concerning applications
1.
F1A 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 F2United Kingdom in which the national application was submitted on the day following the date of expiry of the period to be extended.
2.
F3...
Article 11Period 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 12Extension 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.
F47.
The Commissioners for Her Majesty’s Revenue and Customs shall establish an extension request form.
Article 13Amending 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 14Notification 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.
F72.
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F83.
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4.
Article 15Notification 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 16Failure 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 F11an application to that holder of the decision, and refuse to extend the period during which the customs authorities are to take action;
F12(b)
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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...