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29.6.2013 Official
Journal
of
the
European
Union L
181/15
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
framework are necessary to strengthen the enforcement
EUROPEAN UNION,
of intellectual property rights by customs authorities, as
well as to ensure appropriate legal certainty.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 207 thereof,
(4) The
customs
authorities
should
be
competent
to
enforce
intellectual property rights with regard to goods, which,
in accordance with Union customs legislation, are liable
Having regard to the proposal from the European Commission,
to customs supervision or customs control, and to carry
out adequate controls on such goods with a view to
preventing operations in breach of intellectual property
rights laws. Enforcing intellectual property rights at the
After transmission of the draft legislative act to the national
border, wherever the goods are, or should have been,
parliaments,
under customs supervision or customs control is an
efficient way to quickly and effectively provide legal
protection to the right-holder as well as the users and
groups of producers. Where the release of goods is
Acting in accordance with the ordinary legislative procedure (
suspended or goods are detained by customs authorities

1 ),
at the border, only one legal proceeding should be
required, whereas several separate proceedings should
be required for the same level of enforcement for
Whereas:
goods found on the market, which have been

disaggregated and delivered to retailers. An exception
should be made for goods released for free circulation
under the end-use regime, as such goods remain under
customs supervision, even though they have been
(1) The
Council
requested,
in
its
Resolution
of
25
September
released for free circulation. This Regulation should not
2008 on a comprehensive European anti-counterfeiting
apply to goods carried by passengers in their personal
and anti-piracy plan, that Council Regulation (EC) No
luggage provided that those goods are for their own
1383/2003 of 22 July 2003 concerning customs
personal use and there are no indications that
action against goods suspected of infringing certain intel
commercial traffic is involved.
lectual property rights and the measures to be taken

against goods found to have infringed such rights ( 2 ),
be reviewed.
(5) Regulation
(EC)
No
1383/2003
does
not
cover
certain
intellectual property rights and certain infringements are
(2)
The marketing of goods infringing intellectual property
excluded from its scope. In order to strengthen the
rights does considerable damage to right-holders, users or
enforcement of intellectual property rights, customs
groups of producers, and to law-abiding manufacturers
intervention should be extended to other types of
and traders. Such marketing could also be deceiving
infringements not covered by Regulation (EC) No
consumers, and could in some cases be endangering
1383/2003. This Regulation should therefore, in
their health and safety. Such goods should, in so far as
addition to the rights already covered by Regulation
is possible, be kept off the Union market and measures
(EC) No 1383/2003, also include trade names in so far
should be adopted to deal with such unlawful marketing
as they are protected as exclusive property rights under
without impeding legitimate trade.
national law, topographies of semiconductor products
and utility models and devices which are primarily
designed, produced or adapted for the purpose of
enabling or facilitating the circumvention of tech
(3) The
review
of
Regulation
(EC)
No
1383/2003
showed
nological measures.
that, in the light of economic, commercial and legal
developments, certain improvements to the legal
( 1 ) Position of the European Parliament of 3 July 2012 (not yet
(6) Infringements
resulting
from
so-called
illegal
parallel
published in the Official Journal) and position of the Council at
trade and overruns are excluded from the scope of Regu
first reading of 16 May 2013 (not yet published in the Official
lation (EC) No 1383/2003. Goods subject to illegal
Journal). Position of the European Parliament of 11 June 2013
(not yet published in the Official Journal).
parallel trade, namely goods that have been manu
( 2 ) OJ L 196, 2.8.2003, p. 7.
factured with the consent of the right-holder but placed

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Official Journal of the European Union
29.6.2013
on the market for the first time in the European
means of transport, is only a portion of a complete
Economic Area without his consent, and overruns,
journey beginning and terminating beyond the territory
namely goods that are manufactured by a person duly
of the Union, customs authorities should, when assessing
authorised by a right-holder to manufacture a certain
a risk of infringement of intellectual property rights, take
quantity of goods, in excess of the quantities agreed
account of any substantial likelihood of diversion of such
between that person and the right-holder, are manu
medicines onto the market of the Union.
factured as genuine goods and it is therefore not appro
priate that customs authorities focus their efforts on such
goods. Illegal parallel trade and overruns should therefore
also be excluded from the scope of this Regulation.
(12) This
Regulation
should
not
affect
the
provisions
on
the
competence of courts, in particular, those of Regulation
(EU) No 1215/2012 of the European Parliament and of
the Council of 12 December 2012 on jurisdiction and
the recognition and enforcement of judgments in civil
(7) Member States should, in cooperation with the
and commercial matters (
Commission, provide appropriate training for customs

1 ).
officials, in order to ensure the correct implementation
of this Regulation.
(13) Persons,
users,
bodies
or
groups
of
producers,
who
are
in
a position to initiate legal proceedings in their own name
with respect to a possible infringement of an intellectual
(8) This
Regulation,
when
fully
implemented,
will
further
property right, should be entitled to submit an appli
contribute to an internal market which ensures right-
cation.
holders a more effective protection, fuels creativity and
innovation and provides consumers with reliable and
high-quality products, which should in turn strengthen
cross-border transactions between consumers, businesses
and traders.
(14) In
order
to
ensure
that
intellectual
property
rights
are
enforced throughout the Union, it is appropriate to
allow persons or entities seeking enforcement of
Union-wide rights to apply to the customs authorities
of a single Member State. Such applicants should be
able to request that those authorities decide that action
(9) Member
States
face
increasingly
limited
resources
in
the
be taken to enforce the intellectual property right both in
field of customs. Therefore, the promotion of risk
their own Member State and in any other Member State.
management technologies and strategies to maximise
resources available to customs authorities should be
supported.
(15) In
order
to
ensure
the
swift
enforcement
of
intellectual
property rights, it should be provided that, where the
customs authorities suspect, on the basis of reasonable
(10) This
Regulation solely contains procedural rules for
indications, that goods under their supervision infringe
customs authorities. Accordingly, this Regulation does
intellectual property rights, they may suspend the release
not set out any criteria for ascertaining the existence of
of or detain the goods whether at their own initiative or
an infringement of an intellectual property right.
upon application, in order to enable a person or entity
entitled to submit an application to initiate proceedings
for determining whether an intellectual property right has
been infringed.
(11) Under
the
‘Declaration
on
the
TRIPS
Agreement
and
Public Health’ adopted by the Doha WTO Ministerial
Conference on 14 November 2001, the Agreement on
(16) Regulation
(EC)
No
1383/2003
allowed
Member
States
Trade-Related Aspects of Intellectual Property Rights
to provide for a procedure allowing the destruction of
(TRIPS Agreement) can and should be interpreted and
certain goods without there being any obligation to
implemented in a manner supportive of WTO
initiate proceedings to establish whether an intellectual
Members’ right to protect public health and, in particular,
property right has been infringed. As recognised in the
to promote access to medicines for all. Consequently, in
European Parliament Resolution of 18 December 2008
line with the Union’s international commitments and its
on the impact of counterfeiting on international trade ( 2 ),
development cooperation policy, with regard to medi
such procedure has proved very successful in
cines, the passage of which across the customs territory
of the Union, with or without transhipment, ware
( 1 ) OJ L 351, 20.12.2012, p. 1.
housing, breaking bulk, or changes in the mode or
( 2 ) OJ C 45 E, 23.2.2010, p. 47.

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of
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Union L
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the Member States where it has been available. Therefore,
(21) With
a
view
to
eliminating
international
trade
in
goods
the procedure should be made compulsory with regard
infringing intellectual property rights, the TRIPS
to all infringements of intellectual property rights and
Agreement provides that WTO Members are to
should be applied, where the declarant or the holder of
promote the exchange of information between customs
the goods agrees to destruction. Furthermore, the
authorities on such trade. Accordingly, it should be
procedure should provide that customs authorities may
possible for the Commission and the customs authorities
deem that the declarant or the holder of the goods has
of the Member States to share information on suspected
agreed to the destruction of the goods where he has not
breaches of intellectual property rights with the relevant
explicitly opposed destruction within the prescribed
authorities of third countries, including on goods which
period.
are in transit through the territory of the Union and
originate in or are destined for those third countries.
(17) In
order
to
reduce
the
administrative
burden
and
costs
to
a minimum, a specific procedure should be introduced
for small consignments of counterfeit and pirated goods,
(22) In the interest of efficiency, the provisions of Council
which should allow for such goods to be destroyed
Regulation (EC) No 515/97 of 13 March 1997 on
without the explicit agreement of the applicant in each
mutual assistance between the administrative authorities
case. However, a general request made by the applicant
of the Member States and cooperation between the latter
in the application should be required in order for that
and the Commission to ensure the correct application of
procedure to be applied. Furthermore, customs auth
the law on customs or agricultural matters ( 1 ), should
orities should have the possibility to require that the
apply.
applicant covers the costs incurred by the application
of that procedure.
(23) The liability of the customs authorities should be
(18) For
further
legal
certainty,
it
is
appropriate
to
modify
the
governed by the legislation of the Member States,
timelines for suspending the release of or detaining
though the granting by the customs authorities of an
goods suspected of infringing an intellectual property
application should not entitle the holder of the
right and the conditions in which information about
decision to compensation in the event that goods
detained goods is to be passed on to persons and
suspected of infringing an intellectual property right are
entities concerned by customs authorities, as provided
not detected by the customs authorities and are released
for in Regulation (EC) No 1383/2003.
or no action is taken to detain them.
(19) Taking into account the provisional and preventive
character of the measures adopted by the customs auth
orities when applying this Regulation and the conflicting
(24) Given
that
customs
authorities
take
action
upon
appli
interests of the parties affected by the measures, some
cation, it is appropriate to provide that the holder of the
aspects of the procedures should be adapted to ensure
decision should reimburse all the costs incurred by the
the smooth application of this Regulation, whilst
customs authorities in taking action to enforce his intel
respecting the rights of the concerned parties. Thus,
lectual property rights. Nevertheless, this should not
with respect to the various notifications envisaged by
preclude the holder of the decision from seeking
this Regulation, the customs authorities should notify
compensation from the infringer or other persons that
the relevant person, on the basis of the documents
might be considered liable under the legislation of the
concerning the customs treatment or of the situation in
Member State where the goods were found. Such persons
which the goods are placed. Furthermore, since the
might include intermediaries, where applicable. Costs and
procedure for destruction of goods implies that both
damages incurred by persons other than customs auth
the declarant or the holder of the goods and the
orities as a result of a customs action, where the release
holder of the decision should communicate their
of goods is suspended or the goods are detained on the
possible objections to destruction in parallel, it should
basis of a claim of a third party based on intellectual
be ensured that the holder of the decision is given the
property, should be governed by the specific legislation
possibility to react to a potential objection to destruction
applicable in each particular case.
by the declarant or the holder of the goods. It should
therefore be ensured that the declarant or the holder of
the goods is notified of the suspension of the release of
the goods or their detention before, or on the same day
as, the holder of the decision.
(25) This
Regulation
introduces
the
possibility
for
customs
authorities to allow goods which are to be destroyed to
be moved, under customs supervision, between different
places within the customs territory of the Union.
(20) Customs
authorities
and
the
Commission
are
encouraged
Customs authorities may furthermore decide to release
to cooperate with the European Observatory on
such goods for free circulation with a view
Infringements of Intellectual Property Rights in the
framework of their respective competences.
( 1 ) OJ L 82, 22.3.1997, p. 1.

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Official Journal of the European Union
29.6.2013
to further recycling or disposal outside commercial
of the practical arrangements for the exchange of data
channels including for awareness-raising, training and
with third countries and the provisions concerning the
educational purposes.
forms for the application and for requesting the
extension of the period during which customs authorities
are to take action, implementing powers should be
conferred on the Commission, namely to define those
elements of the practical arrangements and to establish
(26) Customs enforcement of intellectual property rights
standard forms. Those powers should be exercised in
entails the exchange of data on decisions relating to
accordance with Regulation (EU) No 182/2011 of the
applications. Such processing of data covers also
European Parliament and of the Council of 16 February
personal data and should be carried out in accordance
2011 laying down the rules and general principles
with Union law, as set out in Directive 95/46/EC of the
concerning mechanisms for control by Member States
European Parliament and of the Council of 24 October
of the Commission’s exercise of implementing powers ( 3 ).
1995 on the protection of individuals with regard to the
For establishing the standard forms, although the subject
processing of personal data and on the free movement of
of the provisions of this Regulation to be implemented
such data ( 1 ) and Regulation (EC) No 45/2001 of the
falls within the scope of the common commercial policy,
European Parliament and of the Council of 18 December
given the nature and impacts of those implementing acts,
2000 on the protection of individuals with regard to the
the advisory procedure should be used for their adoption,
processing of personal data by Community institutions
because all details of what information to include in the
and bodies and on the free movement of such data ( 2 ).
forms follows directly from the text of this Regulation.
Those implementing acts will therefore only establish the
format and structure of the form and will have no
further implications for the common commercial policy
of the Union.
(27) The exchange of information relating to decisions on
applications and to customs actions should be made
via a central electronic database. The entity which will
control and manage that database and the entities in
charge of ensuring the security of the processing of the
(30) Regulation
(EC)
No
1383/2003
should
be
repealed.
data contained in the database should be defined. Intro
ducing any type of possible interoperability or exchange
should first and foremost comply with the purpose limi
tation principle, namely that data should be used for the
(31) The
European
Data
Protection
Supervisor
was
consulted
purpose for which the database has been established, and
in accordance with Article 28(2) of Regulation (EC) No
no further exchange or interconnection should be
45/2001 and delivered an opinion on 12 October
allowed other than for that purpose.
2011 ( 4 ),
HAVE ADOPTED THIS REGULATION:
(28) In order to ensure that the definition of small
consignments can be adapted if it proves to be imprac
tical, taking into account the need to ensure the effective
operation of the procedure, or where necessary to avoid
CHAPTER I
any circumvention of this procedure as regards the
composition of consignments, the power to adopt acts
SUBJECT MATTER, SCOPE AND DEFINITIONS
in accordance with Article 290 of the Treaty on the
Functioning of the European Union should be
Article 1
delegated to the Commission in respect of amending
Subject matter and scope
the non-essential elements of the definition of small
consignments, namely the specific quantities set out in
1. This
Regulation
sets
out
the
conditions
and
procedures
for
that definition. It is of particular importance that the
action by the customs authorities where goods suspected of
Commission carry out appropriate consultations during
infringing an intellectual property right are, or should have
its preparatory work, including at expert level. The
been, subject to customs supervision or customs control
Commission, when preparing and drawing up delegated
within the customs territory of the Union in accordance with
acts, should ensure a simultaneous, timely and appro
Council Regulation (EEC) No 2913/92 of 12 October 1992
priate transmission of relevant documents to the
establishing the Community Customs Code ( 5 ), particularly
European Parliament and to the Council.
goods in the following situations:
(a) when declared for release for free circulation, export or re-
(29) In
order
to
ensure
uniform
conditions
for
the
implemen
export;
tation of the provisions concerning defining the elements
( 3 ) OJ L 55, 28.2.2011, p. 13.
( 1 ) OJ L 281, 23.11.1995, p. 31.
( 4 ) OJ C 363, 13.12.2011, p. 3.
( 2 ) OJ L 8, 12.1.2001, p. 1.
( 5 ) OJ L 302, 19.10.1992, p. 1.

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(b) when entering or leaving the customs territory of the
(f) a supplementary protection certificate for medicinal
Union;
products as provided for in Regulation (EC) No
469/2009 of the European Parliament and of the
Council of 6 May 2009 concerning the supplementary
(c) when placed under a suspensive procedure or in a free zone
protection certificate for medicinal products ( 1 );
or free warehouse.
(g) a supplementary protection certificate for plant
2. In
respect
of
the
goods
subject
to
customs
supervision
or
protection products as provided for in Regulation
customs control, and without prejudice to Articles 17 and 18,
(EC) No 1610/96 of the European Parliament and of
the customs authorities shall carry out adequate customs
the Council of 23 July 1996 concerning the creation
controls and shall take proportionate identification measures
of a supplementary protection certificate for plant
as provided for in Article 13(1) and Article 72 of Regulation
protection products ( 2 );
(EEC) No 2913/92 in accordance with risk analysis criteria with
a view to preventing acts in breach of intellectual property laws
applicable in the territory of the Union and in order to
(h) a Community plant variety right as provided for in
cooperate with third countries on the enforcement of intel
Council Regulation (EC) No 2100/94 of 27 July
lectual property rights.
1994 on Community plant variety rights ( 3 );
3. This
Regulation
shall
not
apply
to
goods
that
have
been
(i) a plant variety right as provided for by national law;
released for free circulation under the end-use regime.
(j) a topography of semiconductor product as provided
4. This
Regulation
shall
not
apply
to
goods
of
a
non-
for by national or Union law;
commercial nature contained in travellers’ personal luggage.
(k) a utility model in so far as it is protected as an intel
5. This
Regulation
shall
not
apply
to
goods
that
have
been
lectual property right by national or Union law;
manufactured with the consent of the right-holder or to goods
manufactured, by a person duly authorised by a right-holder to
manufacture a certain quantity of goods, in excess of the quan
(l) a trade name in so far as it is protected as an exclusive
tities agreed between that person and the right-holder.
intellectual property right by national or Union law;
6. This
Regulation
shall
not
affect
national
or
Union
law
on
(2) ‘trade mark’ means:
intellectual property or the laws of the Member States in
relation to criminal procedures.
(a) a Community trade mark as provided for in Council
Regulation (EC) No 207/2009 of 26 February 2009 on
Article 2
the Community trade mark ( 4 );
Definitions
(b) a trade mark registered in a Member State, or, in the
For the purposes of this Regulation:
case of Belgium, Luxembourg or the Netherlands, at
the Benelux Office for Intellectual Property;
(1) ‘intellectual property right’ means:
(c) a trade mark registered under international
arrangements which has effect in a Member State or
(a) a trade mark;
in the Union;
(b) a design;
(3) ‘design’ means:
(c) a copyright or any related right as provided for by
(a) a Community design as provided for in Council Regu
national or Union law;
lation (EC) No 6/2002 of 12 December 2001 on
Community designs ( 5 );
(d) a geographical indication;
( 1 ) OJ L 152, 16.6.2009, p. 1.
( 2 ) OJ L 198, 8.8.1996, p. 30.
( 3 ) OJ L 227, 1.9.1994, p. 1.
( 4 ) OJ L 78, 24.3.2009, p. 1.
(e) a patent as provided for by national or Union law;
( 5 ) OJ L 3, 5.1.2002, p. 1.

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(b) a design registered in a Member State, or, in the case
(b) goods which are the subject of an act infringing a
of Belgium, Luxembourg or the Netherlands, at the
geographical indication in the Member State where
Benelux Office for Intellectual Property;
they are found and, bear or are described by, a
name or term protected in respect of that geographical
indication;
(c) a design registered under international arrangements
which has effect in a Member State or in the Union;
(4) ‘geographical indication’ means:
(c) any packaging, label, sticker, brochure, operating
instructions, warranty document or other similar
item, even if presented separately, which is the
(a) a geographical indication or designation of origin
subject of an act infringing a trade mark or a
protected for agricultural products and foodstuff as
geographical indication, which includes a sign, name
provided for in Regulation (EU) No 1151/2012 of
or term which is identical to a validly registered trade
the European Parliament and of the Council of
mark or protected geographical indication, or which
21 November 2012 on quality schemes for agri
cannot be distinguished in its essential aspects from
cultural products and foodstuffs ( 1 );
such a trade mark or geographical indication, and
which can be used for the same type of goods as
(b) a designation of origin or geographical indication for
that for which the trade mark or geographical indi
wine as provided for in Council Regulation (EC) No
cation has been registered;
1234/2007 of 22 October 2007 establishing a
common organisation of agricultural markets and on
specific provisions for certain agricultural products
(Single CMO Regulation) ( 2 );
(6) ‘pirated goods’ means goods which are the subject of an
act infringing a copyright or related right or a design in
(c) a geographical designation for aromatised drinks based
the Member State where the goods are found and which
on wine products as provided for in Council Regu
are, or contain copies, made without the consent of the
lation (EEC) No 1601/91 of 10 June 1991 laying
holder of a copyright or related right or a design, or of a
down general rules on the definition, description and
person authorised by that holder in the country of
presentation of aromatized wines, aromatized wine-
production;
based drinks and aromatized wine-product cocktails ( 3 );
(d) a geographical indication of spirit drinks as provided
for in Regulation (EC) No 110/2008 of the European
(7) ‘goods suspected of infringing an intellectual property
Parliament and of the Council of 15 January 2008 on
right’ means goods with regard to which there are
the definition, description, presentation, labelling and
reasonable indications that, in the Member State where
the protection of geographical indications of spirit
those goods are found, they are prima facie:
drinks ( 4 );
(e) a geographical indication for products not falling
under points (a) to (d) in so far as it is established
(a) goods which are the subject of an act infringing an
as an exclusive intellectual property right by national
intellectual property right in that Member State;
or Union law;
(f) a geographical indication as provided for in
Agreements between the Union and third countries
(b) devices, products or components which are primarily
and as such listed in those Agreements;
designed, produced or adapted for the purpose of
enabling or facilitating the circumvention of any tech
nology, device or component that, in the normal
(5) ‘counterfeit goods’ means:
course of its operation, prevents or restricts acts in
respect of works which are not authorised by the
holder of any copyright or any right related to
(a) goods which are the subject of an act infringing a
copyright and which relate to an act infringing those
trade mark in the Member State where they are
rights in that Member State;
found and bear without authorisation a sign which is
identical to the trade mark validly registered in respect
of the same type of goods, or which cannot be distin
guished in its essential aspects from such a trade mark;
(c) any mould or matrix which is specifically designed or
adapted for the manufacture of goods infringing an
( 1 ) OJ L 343, 14.12.2012, p. 1.
intellectual property right, if such moulds or matrices
( 2 ) OJ L 299, 16.11.2007, p. 1.
( 3 ) OJ L 149, 14.6.1991, p. 1.
relate to an act infringing an intellectual property right
( 4 ) OJ L 39, 13.2.2008, p. 16.
in that Member State;

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(8) ‘right-holder’ means the holder of an intellectual property
with Annex I to Council Regulation (EEC) No 2658/87
right;
of 23 July 1987 on the tariff and statistical nomenclature
and on the Common Customs Tariff ( 1 ) if unpackaged, or
the package of such goods intended for retail sale to the
(9) ‘application’ means a request made to the competent
ultimate consumer.
customs department for customs authorities to take
action with respect to goods suspected of infringing an
intellectual property right;
For the purpose of this definition, separate goods falling in
the same Combined Nomenclature code shall be
(10) ‘national application’ means an application requesting the
considered as different units and goods presented as sets
customs authorities of a Member State to take action in
classified in one Combined Nomenclature code shall be
that Member State;
considered as one unit;
(11) ‘Union application’ means an application submitted in one
Member State and requesting the customs authorities of
(20) ‘perishable goods’ means goods considered by customs
that Member State and of one or more other Member
authorities to deteriorate by being kept for up to 20
States to take action in their respective Member States;
days from the date of their suspension of release or
detention;
(12) ‘applicant’ means the person or entity in whose name an
application is submitted;
(21) ‘exclusive licence’ means a licence (whether general or
limited) authorising the licensee to the exclusion of all
(13) ‘holder of the decision’ means the holder of a decision
other persons, including the person granting the licence,
granting an application;
to use an intellectual property right in the manner auth
orised by the licence.
(14) ‘holder of the goods’ means the person who is the owner
of the goods suspected of infringing an intellectual
property right or who has a similar right of disposal, or
CHAPTER II
physical control, over such goods;
APPLICATIONS
SECTION 1
(15) ‘declarant’ means the declarant as defined in point (18) of
Submission of applications
Article 4 of Regulation (EEC) No 2913/92;
Article 3
(16) ‘destruction’ means the physical destruction, recycling or
Entitlement to submit an application
disposal of goods outside commercial channels, in such a
The following persons and entities shall, to the extent they are
way as to preclude damage to the holder of the decision;
entitled to initiate proceedings, in order to determine whether
an intellectual property right has been infringed, in the Member
(17) ‘customs territory of the Union’ means the customs
State or Member States where the customs authorities are
territory of the Community as defined in Article 3 of
requested to take action, be entitled to submit:
Regulation (EEC) No 2913/92;
(1) a national or a Union application:
(18) ‘release of the goods’ means the release of the goods as
defined in point (20) of Article 4 of Regulation (EEC) No
2913/92;
(a) right-holders;
(19) ‘small consignment’ means a postal or express courier
consignment, which:
(b) intellectual property collective rights management
bodies as referred to in point (c) of Article 4(1) of
(a) contains three units or less;
Directive 2004/48/EC of the European Parliament and
of the Council of 29 April 2004 on the enforcement of
intellectual property rights ( 2 );
or
(b) has a gross weight of less than two kilograms.
(c) professional defence bodies as referred to in point (d) of
Article 4(1) of Directive 2004/48/EC;
For the purpose of point (a), ‘units’ means goods as clas
( 1 ) OJ L 256, 7.9.1987, p. 1.
sified under the Combined Nomenclature in accordance
( 2 ) OJ L 157, 30.4.2004, p. 45.

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(d) groups within the meaning of point (2) of Article 3, and
2. Applications
shall
be
submitted
to
the
competent
customs
Article 49(1) of Regulation (EU) No 1151/2012, groups
department. The applications shall be completed using the form
of producers within the meaning of Article 118e of
referred to in Article 6 and shall contain the information
Regulation (EC) No 1234/2007 or similar groups of
required therein.
producers provided for in Union law governing
geographical indications representing producers of
products with a geographical indication or represen
3. Where
an
application
is
submitted
after
notification
by
the
tatives of such groups, in particular Regulations (EEC)
customs authorities of the suspension of the release or
No 1601/91 and (EC) No 110/2008 and operators
detention of the goods in accordance with Article 18(3), that
entitled to use a geographical indication as well as
application shall comply with the following:
inspection bodies or authorities competent for such a
geographical indication;
(a) it is submitted to the competent customs department within
four working days of the notification of the suspension of
the release or detention of the goods;
(2) a national application:
(b) it is a national application;
(a) persons or entities authorised to use intellectual
property rights, which have been authorised formally
(c) it contains the information referred to in Article 6(3). The
by the right-holder to initiate proceedings in order to
applicant may, however, omit the information referred to in
determine whether the intellectual property right has
point (g), (h) or (i) of that paragraph.
been infringed;
4. Except in the circumstances referred to in point (3) of
Article 3, only one national application and one Union appli
(b) groups of producers provided for in the legislation of
cation may be submitted per Member State for the same intel
the Member States governing geographical indications
lectual property right protected in that Member State. In the
representing producers of products with geographical
circumstances referred to in point (3) of Article 3, more than
indications or representatives of such groups and
one Union application shall be allowed.
operators entitled to use a geographical indication, as
well as inspection bodies or authorities competent for
such a geographical indication;
5. Where a Union application is granted for a Member State
already covered by another Union application granted to the
same applicant and for the same intellectual property right, the
customs authorities of that Member State shall take action on
(3) a Union application: holders of exclusive licenses covering
the basis of the Union application first granted. They shall
the entire territory of two or more Member States, where
inform the competent customs department of the Member
those licence holders have been authorised formally in those
State where any subsequent Union application was granted,
Member States by the right-holder to initiate proceedings in
which shall, amend or revoke the decision granting that
order to determine whether the intellectual property right
subsequent Union application.
has been infringed.
6. Where
computerised
systems
are
available
for
the
purpose
of receiving and processing applications, applications as well as
Article 4
attachments shall be submitted using electronic data-processing
Intellectual property rights covered by Union applications
techniques. Member States and the Commission shall develop,
maintain and employ such systems in accordance with the
A Union application may be submitted only with respect to
multi-annual strategic plan referred to in Article 8(2) of
intellectual property rights based on Union law producing
Decision No 70/2008/EC of the European Parliament and of
effects throughout the Union.
the Council of 15 January 2008 on a paperless customs
environment for customs and trade ( 1 ).
Article 5
Article 6
Submission of applications
Application form
1. Each Member State shall designate the customs 1. The
Commission
shall
establish
an
application
form
by
department competent to receive and process applications
means of implementing acts. Those implementing acts shall
(‘competent customs department’). The Member State shall
be adopted in accordance with the advisory procedure
inform the Commission accordingly and the Commission
referred to in Article 34(2).
shall make public a list of competent customs departments
designated by the Member States.
( 1 ) OJ L 23, 26.1.2008, p. 21.

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2. The
application
form
shall
specify
the
information
that (m) an undertaking by the applicant to forward and update any
has to be provided to the data subject pursuant to Regulation
information relevant to the customs authorities’ analysis
(EC) No 45/2001 and national laws implementing Directive
and assessment of the risk of infringement of the intel
95/46/EC.
lectual property right(s) concerned;
3. The Commission shall ensure that the following (n) an undertaking by the applicant to assume liability under
information is required of the applicant in the application form:
the conditions laid down in Article 28;
(o) an undertaking by the applicant to bear the costs referred
(a) details concerning the applicant;
to in Article 29 under the conditions laid down in that
Article;
(b) the status, within the meaning of Article 3, of the
applicant;
(p) an agreement by the applicant that the data provided by
him may be processed by the Commission and by the
Member States;
(c) documents providing evidence to satisfy the competent
customs department that the applicant is entitled to
submit the application;
(q) whether the applicant requests the use of the procedure
referred to in Article 26 and, where requested by the
customs authorities, agrees to cover the costs related to
(d) where the applicant submits the application by means of a
destruction of goods under that procedure.
representative, details of the person representing him and
evidence of that person’s powers to act as representative, in
accordance with the legislation of the Member State in
SECTION 2
which the application is submitted;
Decisions on applications
Article 7
(e) the intellectual property right or rights to be enforced;
Processing of incomplete applications
1. Where,
on
receipt
of
an
application,
the
competent
customs department considers that the application does not
(f) in the case of a Union application, the Member States in
contain all the information required by Article 6(3), the
which customs action is requested;
competent customs department shall request the applicant to
supply the missing information within 10 working days of
notification of the request.
(g) specific and technical data on the authentic goods,
including markings such as bar-coding and images where
appropriate;
In such cases, the time-limit referred to in Article 9(1) shall be
suspended until the relevant information is received.
(h) the information needed to enable the customs authorities
to readily identify the goods in question;
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
(i) information relevant to the customs authorities’ analysis
department shall reject the application.
and assessment of the risk of infringement of the intel
lectual property right or the intellectual property rights
Article 8
concerned, such as the authorised distributors;
Fees
The applicant shall not be charged a fee to cover the adminis
(j) whether
information
provided
in
accordance
with
point
(g),
trative costs resulting from the processing of the application.
(h) or (i) of this paragraph is to be marked for restricted
handling in accordance with Article 31(5);
Article 9
(k) the details of any representative designated by the applicant
Notification of decisions granting or rejecting applications
to take charge of legal and technical matters;
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
(l) an undertaking by the applicant to notify the competent
the event of rejection, the competent customs department shall
customs department of any of the situations laid down in
provide reasons for its decision and include information on the
Article 15;
appeal procedure.

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2. If the applicant has been notified of the suspension of the
Article 6(3), it shall be granted only for the suspension of the
release or the detention of the goods by the customs authorities
release or detention of those goods, unless that information is
before the submission of an application, the competent customs
provided within 10 working days after the notification of the
department shall notify the applicant of its decision granting or
suspension of the release or detention of the goods.
rejecting the application within two working days of the receipt
of the application.
3. Where
an
intellectual
property
right
ceases
to
have
effect
or where the applicant ceases for other reasons to be entitled to
Article 10
submit an application, no action shall be taken by the customs
Decisions concerning applications
authorities. The decision granting the application shall be
revoked or amended accordingly by the competent customs
1. A
decision
granting
a
national
application
and
any department that granted the decision.
decision revoking or amending it shall take effect in the
Member State in which the national application was
submitted from the day following the date of adoption.
Article 12
Extension of the period during which the customs
A decision extending the period during which customs auth
authorities are to take action
orities are to take action shall take effect in the Member State in
which the national application was submitted on the day
1. On expiry of the period during which the customs auth
following the date of expiry of the period to be extended.
orities 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
2. A
decision
granting
a
Union
application
and
any
decision request of the holder of the decision, extend that period.
revoking or amending it shall take effect as follows:
(a) in the Member State in which the application was
2. Where the request for extension of the period during
submitted, on the day following the date of adoption;
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
(b) in all other Member States where action by the customs
refuse that request.
authorities is requested, on the day following the date on
which the customs authorities are notified in accordance
with Article 14(2), provided that the holder of the
3. The
competent
customs
department
shall
notify
its
decision has fulfilled his obligations under Article 29(3)
decision on the extension to the holder of the decision within
with regard to translation costs.
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
A decision extending the period during which customs auth
action.
orities are to take action shall take effect in the Member State in
which the Union application was submitted and in all other
Member States where action by the customs authorities is
4. The extended period during which the customs authorities
requested the day following the date of expiry of the period
are to take action shall run from the day following the date of
to be extended.
expiry of the previous period and shall not exceed one year.
Article 11
5. Where
an
intellectual
property
right
ceases
to
have
effect
Period during which the customs authorities are to take
or where the applicant ceases for other reasons to be entitled to
action
submit an application, no action shall be taken by the customs
authorities. The decision granting the extension shall be revoked
1. When
granting
an
application,
the
competent
customs or amended accordingly by the competent customs department
department shall specify the period during which the customs
that granted the decision.
authorities are to take action.
That period shall begin on the day the decision granting the
6. The
holder
of
the
decision
shall
not
be
charged
a
fee
to
application takes effect, pursuant to Article 10, and shall not
cover the administrative costs resulting from the processing of
exceed one year from the day following the date of adoption.
the request for extension.
2. Where
an
application
submitted
after
notification
by
the 7. The Commission shall establish an extension request form
customs authorities of the suspension of the release or
by means of implementing acts. Those implementing acts shall
detention of the goods in accordance with Article 18(3) does
be adopted in accordance with the advisory procedure referred
not contain the information referred to in point (g), (h) or (i) of
to in Article 34(2).

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Article 13
3. The
competent
customs
department
of
the
Member
State
or Member States indicated in the Union application may
Amending the decision with regard to intellectual property
request the competent customs department that adopted the
rights.
decision granting the application to provide them with
The competent customs department that adopted the decision
additional information deemed necessary for the implemen
granting the application may, at the request of the holder of
tation of that decision.
that decision, modify the list of intellectual property rights in
that decision.
4. The
competent
customs
department
shall
forward
its
decision suspending the actions of the customs authorities
Where a new intellectual property right is added, the request
under point (b) of Article 16(1) and Article 16(2) to the
shall contain the information referred to in points (c), (e), (g), (h)
customs offices of its Member State, immediately after its
and (i) of Article 6(3).
adoption.
In the case of a decision granting a Union application, any
modification consisting of the addition of intellectual property
Article 15
rights shall be limited to intellectual property rights covered by
Notification obligations of the holder of the decision
Article 4.
The holder of the decision shall immediately notify the
competent customs department that granted the application
Article 14
of any of the following:
Notification obligations of the competent customs
department
(a) an intellectual property right covered by the application
1. The
competent
customs
department
to
which
a
national
ceases to have effect;
application has been submitted shall forward the following
decisions to the customs offices of its Member State,
immediately after their adoption:
(b) the holder of the decision ceases for other reasons to be
entitled to submit the application;
(a) decisions granting the application;
(c) modifications to the information referred to in Article 6(3).
(b) decisions revoking decisions granting the application;
(c) decisions amending decisions granting the application;
Article 16
Failure of the holder of the decision to fulfil his obligations
(d) decisions extending the period during which the customs
1. Where the holder of the decision uses the information
authorities are to take action.
provided by the customs authorities for purposes other than
those provided for in Article 21, the competent customs
department of the Member State where the information was
2. The
competent
customs
department
to
which
a
Union provided or misused may:
application has been submitted shall forward the following
decisions to the competent customs department of the
Member State or Member States indicated in the Union appli
(a) revoke any decision adopted by it granting a national appli
cation, immediately after their adoption:
cation to that holder of the decision, and refuse to extend
the period during which the customs authorities are to take
(a) decisions granting the application;
action;
(b) decisions revoking decisions granting the application;
(b) suspend in their territory, during the period during which
the customs authorities are to take action, any decision
granting a Union application to that holder of the decision.
(c) decisions amending decisions granting the application;
(d) decisions extending the period during which the customs
2. The
competent
customs
department
may
decide
to
authorities are to take action.
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:
The competent customs department of the Member State or
Member States indicated in the Union application shall
immediately after receiving those decisions forward them to
(a) does not fulfil the notification obligations set out in
their customs offices.
Article 15;

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(b) does not fulfil the obligation on returning samples set out
The notifications shall include information on the procedure set
in Article 19(3);
out in Article 23.
(c) does not fulfil the obligations on costs and translation set
4. The
customs
authorities
shall
inform
the
holder
of
the
out in Article 29(1) and (3);
decision and the declarant or the holder of the goods of the
actual or estimated quantity and the actual or presumed nature
of the goods, including available images thereof, as appropriate,
whose release has been suspended or which have been detained.
(d) without valid reason does not initiate proceedings as
The customs authorities shall also, upon request and where
provided for in Article 23(3) or Article 26(9).
available to them, inform the holder of the decision of the
names and addresses of the consignee, the consignor and the
declarant or the holder of the goods, of the customs procedure
and of the origin, provenance and destination of the goods
In the case of a Union application, the decision to suspend the
whose release has been suspended or which have been detained.
actions of the customs authorities shall have effect only in the
Member State where such decision is taken.
Article 18
CHAPTER III
Suspension of the release or detention of the goods before
the grant of an application
ACTION BY THE CUSTOMS AUTHORITIES
1. Where
the
customs
authorities
identify
goods
suspected
of
SECTION 1
infringing an intellectual property right, which are not covered
Suspension of the release or detention of goods suspected of
by a decision granting an application, they may, except for in
infringing an intellectual property right
the case of perishable goods, suspend the release of those goods
or detain them.
Article 17
Suspension of the release or detention of the goods
following the grant of an application
2. Before suspending the release of or detaining the goods
suspected of infringing an intellectual property right, the
1. Where
the
customs
authorities
identify
goods
suspected
of customs authorities may, without disclosing any information
infringing an intellectual property right covered by a decision
other than the actual or estimated quantity of goods, their
granting an application, they shall suspend the release of the
actual or presumed nature and images thereof, as appropriate,
goods or detain them.
request any person or entity potentially entitled to submit an
application concerning the alleged infringement of the intel
lectual property rights to provide them with any relevant
2. Before suspending the release of or detaining the goods,
information.
the customs authorities may ask the holder of the decision to
provide them with any relevant information with respect to the
goods. The customs authorities may also provide the holder of
3. The
customs
authorities
shall
notify
the
declarant
or
the
the decision with information about the actual or estimated
holder of the goods of the suspension of the release of the
quantity of goods, their actual or presumed nature and
goods or their detention within one working day of that
images thereof, as appropriate.
suspension or detention.
3. The
customs
authorities
shall
notify
the
declarant
or
the Where the customs authorities opt to notify the holder of the
holder of the goods of the suspension of the release of the
goods and two or more persons are considered to be the holder
goods or the detention of the goods within one working day
of the goods, the customs authorities shall not be obliged to
of that suspension or detention.
notify more than one of those persons.
Where the customs authorities opt to notify the holder of the
The customs authorities shall notify persons or entities entitled
goods and two or more persons are considered to be the holder
to submit an application concerning the alleged infringement of
of the goods, the customs authorities shall not be obliged to
the intellectual property rights, of the suspension of the release
notify more than one of those persons.
of the goods or their detention on the same day as, or promptly
after, the declarant or the holder of the goods is notified.
The customs authorities shall notify the holder of the decision
of the suspension of the release of the goods or the detention
The customs authorities may consult the competent public
on the same day as, or promptly after, the declarant or the
authorities in order to identify the persons or entities entitled
holder of the goods is notified.
to submit an application.

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The notifications shall include information on the procedure set
Article 21
out in Article 23.
Permitted use of certain information by the holder of the
decision
4. The
customs
authorities
shall
grant
the
release
of
the Where the holder of the decision has received the information
goods or put an end to their detention immediately after
referred to in Article 17(4), Article 18(5), Article 19 or
completion of all customs formalities in the following cases:
Article 26(8), he may disclose or use that information only
for the following purposes:
(a) where they have not identified any person or entity entitled
(a) to initiate proceedings to determine whether an intellectual
to submit an application concerning the alleged
property right has been infringed and in the course of such
infringement of intellectual property rights within one
proceedings;
working day from the suspension of the release or the
detention of the goods;
(b) in connection with criminal investigations related to the
infringement of an intellectual property right and
undertaken by public authorities in the Member State
(b) where they have not received an application in accordance
where the goods are found;
with Article 5(3), or where they have rejected such an
application.
(c) to initiate criminal proceedings and in the course of such
proceedings;
5. Where
an
application
has
been
granted,
the
customs
auth
orities shall, upon request and where available to them, inform
the holder of the decision of the names and addresses of the
(d) to seek compensation from the infringer or other persons;
consignee, the consignor and the declarant or the holder of the
goods, of the customs procedure and of the origin, provenance
and destination of the goods whose release has been suspended
(e) to agree with the declarant or the holder of the goods that
or which have been detained.
the goods be destroyed in accordance with Article 23(1);
(f) to agree with the declarant or the holder of the goods of the
Article 19
amount of the guarantee referred to in point (a) of
Inspection and sampling of goods whose release has been
Article 24(2).
suspended or which have been detained
1. The customs authorities shall give the holder of the
Article 22
decision and the declarant or the holder of the goods the
opportunity to inspect the goods whose release has been
Sharing of information and data between customs
suspended or which have been detained.
authorities
1. Without
prejudice
to
applicable
provisions
on
data
protection in the Union and for the purpose of contributing
to eliminating international trade in goods infringing intellectual
2. The
customs
authorities
may
take
samples
that
are
repre
property rights, the Commission and the customs authorities of
sentative of the goods. They may provide or send such samples
the Member States may share certain data and information
to the holder of the decision, at the holder’s request and strictly
available to them with the relevant authorities in third
for the purposes of analysis and to facilitate the subsequent
countries according to the practical arrangements referred to
procedure in relation to counterfeit and pirated goods. Any
in paragraph 3.
analysis of those samples shall be carried out under the sole
responsibility of the holder of the decision.
2. The
data
and
information
referred
to
in
paragraph
1
shall
be exchanged to swiftly enable effective enforcement against
3. The
holder
of
the
decision
shall,
unless
circumstances
do shipments of goods infringing an intellectual property right.
not allow, return the samples referred to in paragraph 2 to the
Such data and information may relate to seizures, trends and
customs authorities on completion of the analysis, at the latest
general risk information, including on goods which are in
before the goods are released or their detention is ended.
transit through the territory of the Union and which have orig
inated in or are destined for the territory of third countries
concerned. Such data and information may include, where
appropriate, the following:
Article 20
Conditions for storage
(a) nature and quantity of goods;
The conditions of storage of goods during a period of
suspension of release or detention shall be determined by the
customs authorities.
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(c) origin, provenance and destination of the goods;
being any need to determine whether an intellectual property
right has been infringed under the law of the Member State
(d) information on movements of means of transport, in
where the goods are found, where all of the following
particular:
conditions are fulfilled:
(i) name of vessel or registration of means of transport;
(ii) reference numbers of freight bill or other transport
document;
(a) the holder of the decision has confirmed in writing to the
customs authorities, within 10 working days, or three
(iii) number of containers;
working days in the case of perishable goods, of notification
of the suspension of the release or the detention of the
(iv) weight of load;
goods, that, in his conviction, an intellectual property
right has been infringed;
(v) description and/or coding of goods;
(vi) reservation number;
(vii) seal number;
(b) the holder of the decision has confirmed in writing to the
customs authorities, within 10 working days, or three
(viii) place of first loading;
working days in the case of perishable goods, of notification
of the suspension of the release or the detention of the
(ix) place of final unloading;
goods, his agreement to the destruction of the goods;
(x) places of transhipment;
(xi) expected date of arrival at place of final unloading;
(c) the declarant or the holder of the goods has confirmed in
(e) information on movements of containers, in particular:
writing to the customs authorities, within 10 working days,
or three working days in the case of perishable goods, of
(i) container number;
notification of the suspension of the release or the detention
of the goods, his agreement to the destruction of the goods.
(ii) container loading status;
Where the declarant or the holder of the goods has not
confirmed his agreement to the destruction of the goods
nor notified his opposition thereto to the customs auth
(iii) date of movement;
orities, within those deadlines, the customs authorities
may deem the declarant or the holder of the goods to
(iv) type of movement (loaded, unloaded, transhipped,
have confirmed his agreement to the destruction of those
entered, left, etc.);
goods.
(v) name of vessel or registration of means of transport;
(vi) number of voyage/journey;
The customs authorities shall grant the release of the goods or
(vii) place;
put an end to their detention, immediately after completion of
all customs formalities, where within the periods referred to in
(viii) freight bill or other transport document.
points (a) and (b) of the first subparagraph, they have not
received both the written confirmation from the holder of the
3. The
Commission
shall
adopt
implementing
acts
defining decision that, in his conviction, an intellectual property right
the elements of the necessary practical arrangements concerning
has been infringed and his agreement to destruction, unless
the exchange of data and information referred to in paragraphs
those authorities have been duly informed about the initiation
1 and 2 of this Article. Those implementing acts shall be
of proceedings to determine whether an intellectual property
adopted in accordance with the examination procedure
right has been infringed.
referred to in Article 34(3).
SECTION 2
Destruction of goods, initiation of proceedings and early
release of goods
2. The
destruction
of
the
goods
shall
be
carried
out
under
customs control and under the responsibility of the holder of
Article 23
the decision, unless otherwise specified in the national law of
Destruction of goods and initiation of proceedings
the Member State where the goods are destroyed. Samples may
be taken by competent authorities prior to the destruction of
1. Goods
suspected
of
infringing
an
intellectual
property the goods. Samples taken prior to destruction may be used for
right may be destroyed under customs control, without there
educational purposes.

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3. Where the declarant or the holder of the goods has not
Article 25
confirmed his agreement to the destruction in writing and
where the declarant or the holder of the goods has not been
Goods for destruction
deemed to have confirmed his agreement to the destruction, in
1. Goods to be destroyed under Article 23 or 26 shall not
accordance with point (c) of the first subparagraph of paragraph
be:
1 within the periods referred to therein, the customs authorities
shall immediately notify the holder of the decision thereof. The
holder of the decision shall, within 10 working days, or three
(a) released for free circulation, unless customs authorities, with
working days in the case of perishable goods, of notification of
the agreement of the holder of the decision, decide that it is
the suspension of the release or the detention of the goods,
necessary in the event that the goods are to be recycled or
initiate proceedings to determine whether an intellectual
disposed of outside commercial channels, including for
property right has been infringed.
awareness-raising, training and educational purposes. The
conditions under which the goods can be released for free
circulation shall be determined by the customs authorities;
4. Except
in
the
case
of
perishable
goods
the
customs
auth
orities may extend the period referred to in paragraph 3 by a
maximum of 10 working days upon a duly justified request by
(b) brought out of the customs territory of the Union;
the holder of the decision in appropriate cases.
(c) exported;
5. The
customs
authorities
shall
grant
the
release
of
the
goods or put an end to their detention, immediately after
completion of all customs formalities, where, within the
(d) re-exported;
periods referred to in paragraphs 3 and 4, they have not
been duly informed, in accordance with paragraph 3, on the
initiation of proceedings to determine whether an intellectual
(e) placed under a suspensive procedure;
property right has been infringed.
(f) placed in a free zone or free warehouse.
Article 24
Early release of goods
2. The
customs
authorities
may
allow
the
goods
referred
to
in paragraph 1 to be moved under customs supervision
1. Where
the
customs
authorities
have
been
notified
of
the between different places within the customs territory of the
initiation of proceedings to determine whether a design, patent,
Union with a view to their destruction under customs control.
utility model, topography of semiconductor product or plant
variety has been infringed, the declarant or the holder of the
goods may request the customs authorities to release the goods
or put an end to their detention before the completion of those
Article 26
proceedings.
Procedure for the destruction of goods in small
consignments
1. This
Article
shall
apply
to
goods
where
all
of
the
2. The
customs
authorities
shall
release
the
goods
or
put
an following conditions are fulfilled:
end to their detention only where all the following conditions
are fulfilled:
(a) the goods are suspected of being counterfeit or pirated
goods;
(a) the declarant or the holder of the goods has provided a
guarantee that is of an amount sufficient to protect the
interests of the holder of the decision;
(b) the goods are not perishable goods;
(b) the authority competent to determine whether an intel
(c) the goods are covered by a decision granting an application;
lectual property right has been infringed has not authorised
precautionary measures;
(d) the holder of the decision has requested the use of the
procedure set out in this Article in the application;
(c) all customs formalities have been completed.
(e) the goods are transported in small consignments.
3. The
provision
of
the
guarantee
referred
to
in
point
(a)
of
paragraph 2 shall not affect the other legal remedies available to
2. When the procedure set out in this Article is applied,
the holder of the decision.
Article 17(3) and (4) and Article 19(2) and (3) shall not apply.

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L 181/30
EN
Official Journal of the European Union
29.6.2013
3. The
customs
authorities
shall
notify
the
declarant
or
the 9. The
customs
authorities
shall
grant
the
release
of
the
holder of the goods of the suspension of the release of the
goods or put an end to their detention immediately after
goods or their detention within one working day of the
completion of all customs formalities where they have not
suspension of the release or of the detention of the goods.
received information from the holder of the decision on the
The notification of the suspension of the release or the
initiation of proceedings to determine whether an intellectual
detention of the goods shall include the following information:
property right has been infringed within 10 working days of the
notification referred to in paragraph 8.
(a) that the customs authorities intend to destroy the goods;
10. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 35 concerning the amendment
of quantities in the definition of small consignments in the
(b) the rights of the declarant or the holder of the goods under
event that the definition is found to be impractical in the
paragraphs 4, 5 and 6.
light of the need to ensure the effective operation of the
procedure set out in this Article, or where necessary in order
to avoid any circumvention of this procedure as regards the
composition of consignments.
4. The
declarant
or
the
holder
of
the
goods
shall
be
given
the opportunity to express his point of view within 10 working
days of notification of the suspension of the release or the
detention of the goods.
CHAPTER IV
LIABILITY, COSTS AND PENALTIES
Article 27
5. The
goods
concerned
may
be
destroyed
where,
within
10
Liability of the customs authorities
working days of notification of the suspension of the release or
the detention of the goods, the declarant or the holder of the
Without prejudice to national law, the decision granting an
goods has confirmed to the customs authorities his agreement
application shall not entitle the holder of that decision to
to the destruction of the goods.
compensation in the event that goods suspected of infringing
an intellectual property right are not detected by a customs
office and are released, or no action is taken to detain them.
6. Where the declarant or the holder of the goods has not
confirmed his agreement to the destruction of the goods nor
notified his opposition thereto to the customs authorities,
Article 28
within the period referred to in paragraph 5, the customs auth
orities may deem the declarant or the holder of the goods to
Liability of the holder of the decision
have confirmed his agreement to the destruction of the goods.
Where a procedure duly initiated pursuant to this Regulation is
discontinued owing to an act or omission on the part of the
holder of the decision, where samples taken pursuant to
Article 19(2) are either not returned or are damaged and
7. The
destruction
shall
be
carried
out
under
customs beyond use owing to an act or omission on the part of the
control. The customs authorities shall, upon request and as
holder of the decision, or where the goods in question are
appropriate, provide the holder of the decision with information
subsequently found not to infringe an intellectual property
about the actual or estimated quantity of destroyed goods and
right, the holder of the decision shall be liable towards any
their nature.
holder of the goods or declarant, who has suffered damage in
that regard, in accordance with specific applicable legislation.
8. Where the declarant or the holder of the goods has not
confirmed his agreement to the destruction of the goods and
Article 29
where the declarant or the holder of the goods has not been
Costs
deemed to have confirmed such agreement, in accordance with
paragraph 6, the customs authorities shall immediately notify
1. Where
requested
by
the
customs
authorities,
the
holder
of
the holder of the decision thereof and of the quantity of goods
the decision shall reimburse the costs incurred by the customs
and their nature, including images thereof, where appropriate.
authorities, or other parties acting on behalf of customs auth
The customs authorities shall also, upon request and where
orities, from the moment of detention or suspension of the
available to them, inform the holder of the decision of the
release of the goods, including storage and handling of the
names and addresses of the consignee, the consignor and the
goods, in accordance with Article 17(1), Article 18(1) and
declarant or the holder of the goods, of the customs procedure
Article 19(2) and (3), and when using corrective measures
and of the origin, provenance and destination of the goods
such as destruction of goods in accordance with Articles 23
whose release has been suspended or which have been detained.
and 26.

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EN
29.6.2013 Official
Journal
of
the
European
Union L
181/31
The holder of a decision to whom the suspension of release or
the goods are detained, the customs authorities shall transmit to
detention of goods has been notified shall, upon request, be
the Commission any relevant information, except personal data,
given information by the customs authorities on where and
including information on the quantity and type of the goods,
how those goods are being stored and on the estimated costs
value, intellectual property rights, customs procedures, countries
of storage referred to in this paragraph. The information on
of provenance, origin and destination, and transport routes and
estimated costs may be expressed in terms of time, products,
means.
volume, weight or service depending on the circumstances of
storage and the nature of the goods.
2. This Article shall be without prejudice to the right of the
3. The
transmission
of
the
information
referred
to
in
para
holder of the decision to seek compensation from the infringer
graphs 1 and 2 of this Article and all exchanges of data on
or other persons in accordance with the legislation applicable.
decisions concerning applications as referred to in Article 14
between customs authorities of the Member States shall be
made via a central database of the Commission. The
information and data shall be stored in that database.
3. The holder of a decision granting a Union application
shall provide and pay for any translation required by the
competent customs department or customs authorities which
are to take action concerning the goods suspected of infringing
an intellectual property right.
4. For the purposes of ensuring processing of the
information referred to in paragraphs 1 to 3 of this Article,
the central database referred to in paragraph 3 shall be estab
Article 30
lished in an electronic form. The central database shall contain
Penalties
the information, including personal data, referred to in
Article 6(3), Article 14 and this Article.
The Member States shall ensure that the holders of decisions
comply with the obligations set out in this Regulation,
including, where appropriate, by laying down provisions estab
lishing penalties. The penalties provided for shall be effective,
proportionate and dissuasive.
5. The
customs
authorities
of
the
Member
States
and
the
Commission shall have access to the information contained in
the central database as appropriate for the fulfilment of their
The Member States shall notify those provisions and any
legal responsibilities in applying this Regulation. The access to
subsequent amendment affecting them to the Commission
information marked for restricted handling in accordance with
without delay.
Article 6(3) is restricted to the customs authorities of the
Member States where action is requested. Upon justified
request by the Commission, the customs authorities of the
Member States may give access to the Commission to such
CHAPTER V
information where it is strictly necessary for the application
EXCHANGE OF INFORMATION
of this Regulation.
Article 31
Exchange of data on decisions relating to applications and
detentions between the Member States and the
Commission
6. The
customs
authorities
shall
introduce
into
the
central
database information related to the applications submitted to
1. The
competent
customs
departments
shall
notify
without the competent customs department. The customs authorities
delay the Commission of the following:
which have introduced information into the central database
shall, where necessary, amend, supplement, correct or delete
such information. Each customs authority that has introduced
(a) decisions granting applications, including the application
information in the central database shall be responsible for the
and its attachments;
accuracy, adequacy and relevancy of this information.
(b) decisions extending the period during which the customs
authorities are to take action or decisions revoking the
decision granting the application or amending it;
7. The
Commission
shall
establish
and
maintain
adequate
technical and organisational arrangements for the reliable and
secure operation of the central database. The customs auth
orities of each Member State shall establish and maintain
(c) the suspension of a decision granting the application.
adequate technical and organisational arrangements to ensure
the confidentiality and security of processing with respect to
the processing operations carried out by their customs auth
2. Without
prejudice
to
point
(g)
of
Article
24
of
Regulation orities and with respect to terminals of the central database
(EC) No 515/97, where the release of the goods is suspended or
located on the territory of that Member State.

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L 181/32
EN
Official Journal of the European Union
29.6.2013
Article 32
proceedings have determined in a final way whether an intel
lectual property right has been infringed.
Establishment of a central database
The Commission shall establish the central database referred to
in Article 31. That database shall be operational as soon as
possible and not later than 1 January 2015.
CHAPTER VI
COMMITTEE, DELEGATION AND FINAL PROVISIONS
Article 34
Article 33
Committee procedure
Data protection provisions
1. The
Commission
shall
be
assisted
by
the
Customs
Code
1. The
processing
of
personal
data
in
the
central
database
of Committee established by Articles 247a and 248a of Regulation
the Commission shall be carried out in accordance with Regu
(EEC) No 2913/92. That committee shall be a committee within
lation (EC) No 45/2001 and under the supervision of the
the meaning of Regulation (EU) No 182/2011.
European Data Protection Supervisor.
2. Where
reference
is
made
to
this
paragraph,
Article
4
of
2. Processing
of
personal
data
by
the
competent
authorities Regulation (EU) No 182/2011 shall apply.
in the Member States shall be carried out in accordance with
Directive 95/46/EC and under the supervision of the public
independent authority of the Member State referred to in
Article 28 of that Directive.
3. Where
reference
is
made
to
this
paragraph,
Article
5
of
Regulation (EU) No 182/2011 shall apply.
3. Personal
data
shall
be
collected
and
used
solely
for
the
purposes of this Regulation. Personal data so collected shall be
Article 35
accurate and shall be kept up to date.
Exercise of the delegation
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
Commission subject to the conditions laid down in this Article.
4. Each
customs
authority
that
has
introduced
personal
data
into the central database shall be the controller with respect to
the processing of this data.
2. The power to adopt delegated acts referred to in
Article 26(10) shall be conferred on the Commission for an
indeterminate period of time from 19 July 2013.
5. A
data
subject
shall
have
a
right
of
access
to
the
personal
data relating to him or her that are processed through the
central database and, where appropriate, the right to the rectifi
cation, erasure or blocking of personal data in accordance with
3. The
delegation
of
power
referred
to
in
Article
26(10)
may
Regulation (EC) No 45/2001 or the national laws implementing
be revoked at any time by the European Parliament or by the
Directive 95/46/EC.
Council. A decision to revoke shall put an end to the delegation
of the power specified in that decision. It shall take effect the
day following the publication of the decision in the Official
Journal of the European Union or at a later date specified
6. All
requests
for
the
exercise
of
the
right
of
access,
rectifi
therein. It shall not affect the validity of any delegated acts
cation, erasure or blocking shall be submitted to and processed
already in force.
by the customs authorities. Where a data subject has submitted
a request for the exercise of that right to the Commission, the
Commission shall forward such request to the customs auth
orities concerned.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
notify it simultaneously to the European Parliament and to the
Council.
7. Personal
data
shall
not
be
kept
longer
than
six
months
from the date the relevant decision granting the application has
been revoked or the relevant period during which the customs
5. A
delegated
act
adopted
pursuant
to
Article
26(10)
shall
authorities are to take action has expired.
enter into force only if no objection has been expressed either
by the European Parliament or the Council within a period of
two months of notification of that act to the European
Parliament and the Council or if, before the expiry of that
8. Where the holder of the decision has initiated proceedings
period the European Parliament and the Council have both
in accordance with Article 23(3) or Article 26(9) and has
informed the Commission that they will not object. That
notified the customs authorities of the initiation of such
period shall be extended by two months on the initiative of
proceedings, personal data shall be kept for six months after
the European Parliament or of the Council.

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EN
29.6.2013 Official
Journal
of
the
European
Union L
181/33
Article 36
References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
Mutual administrative assistance
with the correlation table set out in the Annex.
The provisions of Regulation (EC) No 515/97 shall apply
mutatis mutandis to this Regulation.
Article 39
Transitional provisions
Article 37
Applications granted in accordance with Regulation (EC) No
Reporting
1383/2003 shall remain valid for the period specified in the
By 31 December 2016, the Commission shall submit to the
decision granting the application during which the customs
European Parliament and to the Council a report on the imple
authorities are to take action and shall not be extended.
mentation of this Regulation. If necessary, that report shall be
accompanied by appropriate recommendations.
Article 40
Entry into force and application
That report shall refer to any relevant incidents concerning
medicines in transit across the customs territory of the Union
1.
This Regulation shall enter into force on the twentieth day
that might occur under this Regulation, including an assessment
following that of its publication in the Official Journal of the
of its potential impact on the Union commitments on access to
European Union.
medicines under the ‘Declaration on the TRIPS Agreement and
Public Health’ adopted by the Doha WTO Ministerial
2. It
shall
apply
from
1
January
2014,
with
the
exception
of:
Conference on 14 November 2001, and the measures taken
to address any situation creating adverse effects in that regard.
(a) Article 6, Article 12(7) and Article 22(3), which shall apply
from 19 July 2013;
Article 38
Repeal
(b) Article 31(1) and (3) to (7) and Article 33, which shall
apply from the date on which the central database
Regulation (EC) No 1383/2003 is repealed with effect from
referred to in Article 32 is in place. The Commission
1 January 2014.
shall make that date public.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 12 June 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON

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L 181/34
EN
Official Journal of the European Union
29.6.2013
ANNEX
Correlation table
Regulation (EC) No 1383/2003 This
Regulation
Article 1 Article
1
Article 2 Article
2
Article 3 Article
1
Article 4 Article
18
Article 5 Articles
3
to
9
Article 6 Articles
6
and
29
Article 7 Article
12
Article 8
Articles 10, 11, 12, 14 and 15
Article 9 Articles
17
and
19
Article 10
—
Article 11 Article
23
Article 12 Articles
16
and
21
Article 13 Article
23
Article 14 Article
24
Article 15 Article
20
Article 16 Article
25
Article 17
—
Article 18 Article
30
Article 19 Articles
27
and
28
Article 20 Articles
6,
12,
22
and
26
Article 21 Article
34
Article 22 Articles
31
and
36
Article 23
—
Article 24 Article
38
Article 25 Article
40

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Document Outline

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