# COMMISSION REGULATION (EC) No 1172/2007

of 5 October 2007

amending Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights [^1] , and in particular Article 20 thereof,

Whereas:

**(1)** Regulation (EC) No 1383/2003 provides for action by the customs authorities in respect of goods suspected of infringing certain intellectual property rights.

**(2)** Commission Regulation (EC) No 1891/2004 [^2] lays down provisions for the implementation of Regulation (EC) No 1383/2003, in particular as regards the application for action forms. Annexes I and II to that Regulation contain the models showing the required format of such application forms.

**(3)**

**(4)** On 1 January 2007 Bulgaria and Romania acceded to the European Union. Regulation (EC) No 1891/2004 should therefore be adapted to include reference to these countries in the Community application for action form which it contains.

**(5)** The Community application for action form should have been adapted by Commission Regulation (EC) No 1792/2006 of 23 October 2006 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement of persons, competition policy, agriculture (veterinary and phytosanitary legislation), fisheries, transport policy, taxation, statistics, social policy and employment, environment, customs union and external relations by reason of the accession of Bulgaria and Romania [^3] , which entered into force on the date of the entry into force of the Treaty of Accession of these countries.

**(6)** In the interests of consistency, the Community application for action form should be adapted from the date of accession of Bulgaria and Romania.

**(7)** Regulation (EC) No 1891/2004 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

## **Article 1**

Regulation (EC) No 1891/2004 is hereby amended as follows:

**1.** In Annex I, in box 2 of the national application for action (AA) form, the words ‘(see Annex l-C for details)’ are deleted.

**2.** Annex I-C is deleted.

**3.** Annex II is replaced by the text in the Annex to this Regulation.

**4.** In Annex IIA, in the final sentence, the words ‘listed in Annex II-C’ are deleted.

**5.** Annex II-C is deleted.

## **Article 2**

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

However, Article 1(3) shall apply from 1 January 2007.

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 October 2007. *For the Commission* László KOVÁCS *Member of the Commission*

[^1] [OJ L 196, 2.8.2003, p. 7](http://publications.europa.eu/resource/oj/JOL_2003_196_R_TOC) .

[^2] [OJ L 328, 30.10.2004, p. 16](http://publications.europa.eu/resource/oj/JOL_2004_328_R_TOC) .

[^3] [OJ L 362, 20.12.2006, p. 1](http://publications.europa.eu/resource/oj/JOL_2006_362_R_TOC) .

‘ANNEX II Text of image COMMUNITY APPLICATION FOR ACTION 1. Date of receipt of the application for action by the designated customs department (within the meaning of Article 5(2) of the Regulation (EC) No 1383/2003) DD/MM/YY: … /…/… INTELLECTUAL PROPERTY RIGHTS APPLICATION FOR ACTION BY CUSTOMS AUTHORITIES under Article 5(4) of Regulation (EC) No 1383/2003 3. Details of applicant (i.e. right-holder within meaning of Article 2(2) of Regulation (EC) No 1383/2003) (*): NAME: FUNCTION: ADDRESS: TOWN: POSTCODE: COUNTRY: VAT No: TEL.: MOBILE: FAX: E-MAIL: INTERNET ADDRESS: 2. Name and address of competent authority to which application is made: 4. Status of applicant (within the meaning of Article 2(2) of Regulation (EC) No 1383/2003) ( 1 ): Right-holder (*) Right-holder’s representative (*) Authorised user of the right (*) Representative of authorised user (*) 5. Type of right to which application refers: Community trademark ( 2 ) Community design right ( 3 ) Supplementary protection certificate ( 4 ) Geographical indication protected by the Community ( 5 ) Designation of origin protected by the Community ( 5 ) Community protected plant variety right ( 6 ) Geographical designations for spirit drinks ( 7 ) 6. Member State(s) in which action by customs authorities is requested: BE EE IT HU PT SE BG IE CY MT RO UK CZ EL LV NL SI DK ES LT AT SK DE FR LU PL FI 7. I attach essential technical data on the authentic goods: Number of documents attached ( 8 ) Number of photos attached ( 8 ) 8. I attach specific information concerning the type or pattern of fraud: Number of documents attached ( 8 ) Number of photos attached ( 8 ) COPY FOR THE MEMBER STATE Text of image 9. I attach document(s) attesting to the fact that the applicant holds the right for the goods in question within the meaning of Article 2(2) of Regulation (EC) No 1383/2003 (*): Number of documents attached ( 8 ) 10. I attach the undertaking laid down in Article 6 of Regulation (EC) No 1383/2003, assuming liability in the situations outlined in that Article (*): Undertaking attached: 11. Right-holder’s contact person in the other Member States where action is requested ( 1 ): ADMINISTRATIVE QUESTIONS (lawyer, for example) BE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list BG Name: Address: Tel.: Mobile: Fax: E-mail: See attached list CZ Name: Address: Tel.: Mobile: Fax: E-mail: See attached list DK Name: Address: Tel.: Mobile: Fax: E-mail: See attached list DE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list EE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list IE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list EL Name: Address: Tel.: Mobile: Fax: E-mail: See attached list ES Name: Address: Tel.: Mobile: Fax: E-mail: See attached list FR Name: Address: Tel.: Mobile: Fax: E-mail: See attached list IT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list CY Name: Address: Tel.: Mobile: Fax: E-mail: See attached list LV Name: Address: Tel.: Mobile: Fax: E-mail: See attached list LT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list LU Name: Address: Tel.: Mobile: Fax: E-mail: See attached list HU Name: Address: Tel.: Mobile: Fax: E-mail: See attached list MT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list NL Name: Address: Tel.: Mobile: Fax: E-mail: See attached list AT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list PL Name: Address: Tel.: Mobile: Fax: E-mail: See attached list Text of image PT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list RO Name: Address: Tel.: Mobile: Fax: E-mail: See attached list SI Name: Address: Tel.: Mobile: Fax: E-mail: See attached list SK Name: Address: Tel.: Mobile: Fax: E-mail: See attached list FI Name: Address: Tel.: Mobile: Fax: E-mail: See attached list SE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list UK Name: Address: Tel.: Mobile: Fax: E-mail: See attached list 12. Right-holder’s contact person in the other Member States where action is requested ( 1 ): TECHNICAL QUESTIONS (expert, for example) BE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list BG Name: Address: Tel.: Mobile: Fax: E-mail: See attached list CZ Name: Address: Tel.: Mobile: Fax: E-mail: See attached list DK Name: Address: Tel.: Mobile: Fax: E-mail: See attached list DE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list EE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list IE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list EL Name: Address: Tel.: Mobile: Fax: E-mail: See attached list ES Name: Address: Tel.: Mobile: Fax: E-mail: See attached list FR Name: Address: Tel.: Mobile: Fax: E-mail: See attached list IT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list CY Name: Address: Tel.: Mobile: Fax: E-mail: See attached list Text of image LV Name: Address: Tel.: Mobile: Fax: E-mail: See attached list LT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list LU Name: Address: Tel.: Mobile: Fax: E-mail: See attached list HU Name: Address: Tel.: Mobile: Fax: E-mail: See attached list MT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list NL Name: Address: Tel.: Mobile: Fax: E-mail: See attached list AT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list PL Name: Address: Tel.: Mobile: Fax: E-mail: See attached list PT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list RO Name: Address: Tel.: Mobile: Fax: E-mail: See attached list SI Name: Address: Tel.: Mobile: Fax: E-mail: See attached list SK Name: Address: Tel.: Mobile: Fax: E-mail: See attached list FI Name: Address: Tel.: Mobile: Fax: E-mail: See attached list SE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list UK Name: Address: Tel.: Mobile: Fax: E-mail: See attached list 13. Any other information in the right-holder’s possession, e.g.: Country or countries of production Number of documents attached ( 8 ) Routes used by traffickers Number of documents attached ( 8 ) Technical differences between the authentic and the suspect goods Number of documents attached ( 8 ) CN tariff heading Other useful information Number of documents attached ( 8 ) 14. Date of filing application: Date on which drawn up Place Applicant’s signature (**) DD/MM/YY: …/…/… Text of image 15. Decision by customs authorities (within the meaning of Article 5(7) and (8) of Regulation (EC) No 1383/2003): The application is approved Registration number of AA: Date DD/MM/YY Place Signature and stamp The application is valid until: …/…/… Any request for extension of the validity period should be sent to the competent authority of Box 2, at the latest 30 working days before the validity of the application expires. The application has been refused A reasoned decision stating the grounds for refusal and information concerning the appeal procedure are attached. Date DD/MM/YY Place Signature and stamp 16. Acknowledgement of receipt: Concerning application made by (name of the applicant) BE BG CZ DK DE EE IE EL ES FR IT CY LV LT LU HU MT NL AT PL PT RO SI SK FI SE UK NAME: PLACE AND DATE OF RECEIPT: SIGNATURE AND STAMP: (*) See box 9 (for further information see “Notes on completion”, Annex II-A). (**) If the applicant is a representative of the right-holder, he must provide proof that he is empowered to represent the right-holder. ( 1 ) Tick the appropriate box(es). ( 2 ) Council Regulation (EC) No 40/94 (OJ L 11, 14.11.1994, p. 1). ( 3 ) Council Regulation (EC) No 6/2002 (OJ L 3, 5.1.2002, p. 1). ( 4 ) Council Regulation (EEC) No 1768/92 or Regulation (EC) No 1610/96 of the European Parliament and of the Council (OJ L 198, 8.8.1996, p. 30). ( 5 ) Council Regulation (EEC) No 2081/92 and (EC) No 1493/99 (OJ L 179, 14.7.1999, p. 1). ( 6 ) Council Regulation (EC) No 2100/94 (OJ L 227, 1.9.1994, p. 1). ( 7 ) Council Regulation (EEC) No 1576/89 (OJ L 160, 12.6.1989, p. 1). ( 8 ) Insert the relevant number; if none are attached, insert 0. Text of image COMMUNITY APPLICATION FOR ACTION 1. Date of receipt of the application for action by the designated customs department (within the meaning of Article 5(2) of the Regulation (EC) No 1383/2003) DD/MM/YY: … /…/… INTELLECTUAL PROPERTY RIGHTS APPLICATION FOR ACTION BY CUSTOMS AUTHORITIES under Article 5(4) of Regulation (EC) No 1383/2003 3. Details of applicant (i.e. right-holder within meaning of Article 2(2) of Regulation (EC) No 1383/2003) (*): NAME: FUNCTION: ADDRESS: TOWN: POSTCODE: COUNTRY: VAT No: TEL.: MOBILE: FAX: E-MAIL: INTERNET ADDRESS: 2. Name and address of competent authority to which application is made: 4. Status of applicant (within the meaning of Article 2(2) of Regulation (EC) No 1383/2003) ( 1 ): Right-holder (*) Right-holder's representative (*) Authorised user of the right (*) Representative of authorised user (*) 5. Type of right to which application refers: Community trademark ( 2 ) Community design right ( 3 ) Supplementary protection certificate ( 4 ) Geographical indication protected by the Community ( 5 ) Designation of origin protected by the Community ( 5 ) Community protected plant variety right ( 6 ) Geographical designations for spirit drinks ( 7 ) 6. Member State(s) in which action by customs authorities is requested: BE EE IT HU PT SE BG IE CY MT RO UK CZ EL LV NL SI DK ES LT AT SK DE FR LU PL FI 7. I attach essential technical data on the authentic goods: Number of documents attached ( 8 ) Number of photos attached ( 8 ) 8. I attach specific information concerning the type or pattern of fraud: Number of documents attached ( 8 ) Number of photos attached ( 8 ) COPY FOR THE RIGHT HOLDER Text of image 9. I attach document(s) attesting to the fact that the applicant holds the right for the goods in question within the meaning of Article 2(2) of Regulation (EC) No 1383/2003 (*): Number of documents attached ( 8 ) 10. I attach the undertaking laid down in Article 6 of Regulation (EC) No 1383/2003, assuming liability in the situations outlined in that Article (*): Undertaking attached: 11. Right-holder's contact person in the other Member States where action is requested ( 1 ): ADMINISTRATIVE QUESTIONS (lawyer, for example) BE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list BG Name: Address: Tel.: Mobile: Fax: E-mail: See attached list CZ Name: Address: Tel.: Mobile: Fax: E-mail: See attached list DK Name: Address: Tel.: Mobile: Fax: E-mail: See attached list DE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list EE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list IE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list EL Name: Address: Tel.: Mobile: Fax: E-mail: See attached list ES Name: Address: Tel.: Mobile: Fax: E-mail: See attached list FR Name: Address: Tel.: Mobile: Fax: E-mail: See attached list IT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list CY Name: Address: Tel.: Mobile: Fax: E-mail: See attached list LV Name: Address: Tel.: Mobile: Fax: E-mail: See attached list LT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list LU Name: Address: Tel.: Mobile: Fax: E-mail: See attached list HU Name: Address: Tel.: Mobile: Fax: E-mail: See attached list MT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list NL Name: Address: Tel.: Mobile: Fax: E-mail: See attached list AT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list PL Name: Address: Tel.: Mobile: Fax: E-mail: See attached list Text of image PT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list RO Name: Address: Tel.: Mobile: Fax: E-mail: See attached list SI Name: Address: Tel.: Mobile: Fax: E-mail: See attached list SK Name: Address: Tel.: Mobile: Fax: E-mail: See attached list FI Name: Address: Tel.: Mobile: Fax: E-mail: See attached list SE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list UK Name: Address: Tel.: Mobile: Fax: E-mail: See attached list 12. Right-holder’s contact person in the other Member States where action is requested ( 1 ): TECHNICAL QUESTIONS (expert, for example) BE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list BG Name: Address: Tel.: Mobile: Fax: E-mail: See attached list CZ Name: Address: Tel.: Mobile: Fax: E-mail: See attached list DK Name: Address: Tel.: Mobile: Fax: E-mail: See attached list DE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list EE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list IE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list EL Name: Address: Tel.: Mobile: Fax: E-mail: See attached list ES Name: Address: Tel.: Mobile: Fax: E-mail: See attached list FR Name: Address: Tel.: Mobile: Fax: E-mail: See attached list IT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list CY Name: Address: Tel.: Mobile: Fax: E-mail: See attached list Text of image LV Name: Address: Tel.: Mobile: Fax: E-mail: See attached list LT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list LU Name: Address: Tel.: Mobile: Fax: E-mail: See attached list HU Name: Address: Tel.: Mobile: Fax: E-mail: See attached list MT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list NL Name: Address: Tel.: Mobile: Fax: E-mail: See attached list AT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list PL Name: Address: Tel.: Mobile: Fax: E-mail: See attached list PT Name: Address: Tel.: Mobile: Fax: E-mail: See attached list RO Name: Address: Tel.: Mobile: Fax: E-mail: See attached list SI Name: Address: Tel.: Mobile: Fax: E-mail: See attached list SK Name: Address: Tel.: Mobile: Fax: E-mail: See attached list FI Name: Address: Tel.: Mobile: Fax: E-mail: See attached list SE Name: Address: Tel.: Mobile: Fax: E-mail: See attached list UK Name: Address: Tel.: Mobile: Fax: E-mail: See attached list 13. Any other information in the right-holder’s possession, e.g.: Country or countries of production Number of documents attached ( 8 ) Routes used by traffickers Number of documents attached ( 8 ) Technical differences between the authentic and the suspect goods Number of documents attached ( 8 ) CN tariff heading Other useful information Number of documents attached ( 8 ) 14. Date of filing application: Date on which drawn up Place Applicant's signature (**) DD/MM/YY: …/…/… Text of image 15. Decision by customs authorities (within the meaning of Article 5(7) and (8) of Regulation (EC) No 1383/2003): The application is approved Registration number of AA: Date DD/MM/YY Place Signature and stamp The application is valid until: …/…/… Any request for extension of the validity period should be sent to the competent authority of Box 2, at the latest 30 working days before the validity of the application expires. The application has been refused A reasoned decision stating the grounds for refusal and information concerning the appeal procedure are attached. Date DD/MM/YY Place Signature and stamp 16. Acknowledgement of receipt: Concerning application made by (name of the applicant) BE BG CZ DK DE EE IE EL ES FR IT CY LV LT LU HU MT NL AT PL PT RO SI SK FI SE UK NAME: PLACE AND DATE OF RECEIPT: SIGNATURE AND STAMP: (*) See box 9 (for further information see “Notes on completion”, Annex II-A). (**) If the applicant is a representative of the right-holder, he must provide proof that he is empowered to represent the right-holder. ( 1 ) Tick the appropriate box(es). ( 2 ) Council Regulation (EC) No 40/94 (OJ L 11, 14.11.1994, p. 1). ( 3 ) Council Regulation (EC) No 6/2002 (OJ L 3, 5.1.2002, p. 1). ( 4 ) Council Regulation (EEC) No 1768/92 or Regulation (EC) No 1610/96 of the European Parliament and of the Council (OJ L 198, 8.8.1996, p. 30). ( 5 ) Council Regulation (EEC) No 2081/92 and (EC) No 1493/99 (OJ L 179, 14.7.1999, p. 1). ( 6 ) Council Regulation (EC) No 2100/94 (OJ L 227, 1.9.1994, p. 1). ( 7 ) Council Regulation (EEC) No 1576/89 (OJ L 160, 12.6.1989, p. 1). ( 8 ) Insert the relevant number; if none are attached, insert 0.’

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