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
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) and Article 12(7) thereof,
After consulting the European Data Protection Supervisor,
Whereas:
(1)
Regulation (EU) No 608/2013 sets out the conditions and procedures for action by the customs authorities where goods suspected of infringing an intellectual property right are, or should have been, subject to customs supervision or customs controls in accordance with Council Regulation (EEC) No 2913/92 (2).
(2)
In accordance with Regulation (EU) No 608/2013 persons and entities duly entitled may submit an application to the competent customs department requesting that customs authorities take action on those goods (application) and may also request the extension of the period during which the customs authorities are to take action in accordance with a previously granted application (extension request).
(3)
In order to ensure uniform conditions for the application and for the extension request, standard forms should be established.
(4)
Those standard forms should replace those provided for in Commission Regulation (EC) No 1891/2004 (3) implementing Council Regulation (EC) No 1383/2003 (4), which is to be repealed by Regulation (EU) No 608/2013.
(5)
Regulation (EC) No 1891/2004 should therefore be repealed.
(6)
Regulation (EU) No 608/2013 shall apply from 1 January 2014 and, therefore, this Regulation should also be applicable from the same date.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, referred to in Article 34(1) of Regulation (EU) No 608/2013,
HAS ADOPTED THIS REGULATION:
Article 1
1. The application requesting that customs authorities take action with respect to goods suspected of infringing an intellectual property right (application) referred to in Article 6 of Regulation (EU) No 608/2013 shall be made by using the form set out in Annex I to this Regulation.
2. The request for extension of the period during which the customs authorities are to take action (extension request) referred to in Article 12 of Regulation (EU) No 608/2013 shall be made by using the form set out in Annex II to this Regulation.
3. The forms set out in Annexes I and II shall be completed in accordance with the notes on completion set out in Annex III.
Article 2
Without prejudice to Article 5(6) of Regulation (EU) No 608/2013, the forms set out in Annexes I and II to this Regulation may, where necessary, be completed legibly by hand.
Those forms shall contain no erasures, overwritten words or other alterations and shall be made up of two copies.
The handwritten forms shall be completed in ink and block capitals.
Article 3
Regulation (EC) No 1891/2004 is repealed.
Article 4
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 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 December 2013.