ORGANIZACIÓN MUNDIAL 
DEL COMERCIO IP/N/1/EEC/E/l 
25 de marzo de 1996 
(96-1067) 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio Original: español/francés/inglés 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
Comunidades Europeas 
En el presente documento se reproducen las siguientes leyes y reglamentos, notificados por 
las Comunidades Europeas en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase 
el documento IP /N / 1/EEC/ 1/Rev .1): 
Reglamento (CE) Nº 3295/94 del Consejo, de 22 de diciembre 
de 1994, por el que se establecen medidas dirigidas a prohibir 
el despacho a libre práctica, la exportación, la reexportación y 
la inclusión en un régimen de suspensión de las mercancías 
con usurpación de marca y las mercancías piratas 
Reglamento (CE) Nº 1367/95 de la Comisión, de 16 de junio 
de 1995, por el que se establecen las disposiciones de aplicación 
del Reglamento (CE) Nº 3295/94 del Consejo por el que se 
establecen las medidas dirigidas a prohibir el despacho· a libre 
práctica, la exportación, la reexportación y la inclusión en un 
régimen de suspensión de las mercancías con usurpación de 
marca y las mercancías piratas Página 
2 
8 IP/N /l/EEC/E/l 
Page 2 
No L 34118 Official Journal of the European Communities 30. 12. 94 
COUNCIL REGULATION (EC) No 3295/94 
of 22 December 1994 
laying down measures to prohibit the release for free circulation, export, 
re-export or entry for a suspensive procedure of counterfeit and pirated goods 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, and in particular Article 113 thereof, 
Having regard to the proposal from the Commission (I), 
Having regard to the opinion of the European Parlia­
ment (2), 
Having regard to the opinion of the Economic and Social 
Committee (3), 
Whereas Council Regulation (EEC) No 3842/86 of 
1 December 1986 laying down measures to prohibit the 
release for free circulation of counterfeit goods (") has 
been in force since 1 January 1988; whereas conclusions 
should be drawn from the experience gained during the 
early years of its implementation with a view to 
improving the operation of the system it set up; 
Whereas the marketing of counterfeit goods and pirated 
goods causes considerable injury to law-abiding manufac­
turers and traders and to holders of the copyright or 
neighbouring rights and misleads consumers; whereas 
such goods should as far as possible be prevented from 
being placed on the market and measures should be 
adopted to that end to deal effectively with this unlawful 
activity without impeding to freedom of legitimate trade; 
whereas this objective is also being pursued through 
efforts being made along the same lines at international 
level; 
Whereas, in so far as counterfeit or pirated goods and 
similar products are imported from third countries, it is 
important to prohibit their release for free circulation in 
the Community or their entry for a suspensive procedure 
and to set up an appropriate procedure enabling the 
customs authorities to act to ensure that such a prohibi­
tion can be properly enforced; 
Whereas action by the customs authorities to prohibit the 
release for free circulation of counterfeit or pirated goods 
(') OJ No C 238, 2. 9. 1993, p. 9. 
(2) OJ No C 61, 28. 2. 1994. 
(3) OJ No C 52, 19. 2. 1994, p. 37. 
(4) OJ No L 357, 18. 12. 1986, p. 1. or their entry for a suspensive procedure should also 
apply to the export or re-export of such goods from the 
Community; 
Whereas, as regards sus pensive procedures and re-export 
subject to notification, action by the customs authorities 
will take place only where suspected counterfeit or pirated 
goods are discovered during a check; 
Whereas the Community takes into account the terms of 
the GAIT agreement on trade-related intellectual 
property issues, including a trade in counterfeit goods, in 
particular the measures to be taken at the frontier; 
Whereas provision should be made that the customs 
authorities are empowered to take decisions on applica­
tions for action to be taken that are submitted to them; 
Whereas action by the customs authorities should consist 
either in suspending the release for free circulation, 
export or re-export of goods suspected of being counter­
feit or pirated or in detaining such goods when they are 
entered for a suspensive procedure or re-exported subject 
to notification for as long as is necessary to enable it to be 
determined whether the goods are actually counterfeit or 
pirated; 
Whereas it is appropriate to authorize the Member States 
to detain the goods in question for a certain period even 
before an application by the right holder has been lodged 
or approved in order to allow him to lodge an application 
for action by the customs authorities; 
Whereas the competent authority should decide cases 
submitted to it by reference to the criteria which are used 
to determine whether goods produced in the Member 
State concerned infringe intellectual property rights; 
whereas Member States' provisions on the competence of 
the judicial authorities and procedures are not affected by 
this Regulation; 
Whereas it is necessary to determine the measures to be 
applied to the goods in question where it is established 
that they are counterfeit or pirated; whereas those 
measures should not only deprive those responsible for 
trading in such goods of the economic benefits of the 
transaction and penalize them but also constitute an 
effective deterrent to further transactions of the same 
kind; ]]>/~/1/~~C:/~/1 
Page 3 
30. 12. 94 Official Journal of the European Communities No L 341/9 
Whereas in order to avoid serious disruption to the 
clearing of goods contained in travellers' personal luggage, 
it is necessary to exclude from the scope of this Regula­
tion goods which may be counterfeit or pirated which are 
imported from third countries within the limits laid down 
by Community rules in respect of relief from customs 
duty; 
Whereas uniform application of the common rules laid 
down by this Regulation must be ensured and to that end 
a Community procedure must be established enabling 
measures implementing these rules to be adopted within 
appropriate periods and mutual assistance between the 
Member States, of the one part, and between the Member 
States and the Commission, of the other part, to' be 
strengthened so as to ensure greater effectiveness; 
Whereas it will be appropriate to consider the possibility 
of increasing the number of intellectual property rights 
covered by this Regulation in the light, £nter al£a, of the 
experience gained in its implementation; 
Whereas Regulation (EEC) No 3842/86 should therefore 
be repealed, 
HAS ADOPTED THIS REGULATION: 
CHAPTER I 
General 
Article 1 
1. This Regulation shall lay down: 
(a) the conditions under which the customs authorities 
shall take action where goods suspected of being 
counterfeit or pirated are: 
-entered for free circulation, export or re-export, 
found when checks are made on goods placed 
under a suspensive procedure within the meaning 
of Article 84 (1) (a) of Council Regulation (EEC) 
No 2913/92 of 12 October 1992 establishing the 
Community Customs Code ('), or re-exported 
subject to notification; and 
(b) the measures which shall be taken by the competent 
authorities with regard to those goods where it has 
been established that they are indeed counterfeit or 
pirated. 
(I) OJ No L 302, 19. 10. 1992, p. l. 2. For the purposes of this Regulation: 
(a) 'counterfeit goods' means: 
-goods, including the packaging thereof, being 
without authorization a trade mark which is iden­
tical to the trade mark validly registered in respect 
of the same type of goods, or which cannot be 
distinguished in its essential aspects from such 
trade mark, and which thereby infringes the rights 
of the holder of the trade mark in question under 
Community law or the law of the Member State in 
which the application for action by the customs 
authorities is made, 
-any trade mark symbol (logo, label, sticker, 
brochure, instructions for use or guarantee docu­
ment) whether presented separately or not, in the 
same circumstances as the goods referred to in the 
first indent, 
-packaging materials bearing the trade marks of 
counterfeit goods, presented separately in the same 
circumstances as the goods referred to in the first 
indent; 
(b) 'pirated goods' means goods which are or embody 
copies made without the consent of the holder of the 
copyright or neighbouring rights, or of the holder of a 
design right, whether registered under national law or 
not, or of a person duly authorized by the holder in 
the country of production, where the making of those 
copies infringes the right in question under Com­
munity law or the law of the Member State in which 
the application for action by the customs authorities is 
made; 
(c) 'holder of a right' means the holder of a trade mark, as 
referred to in (a), and/or one of the rights referred to 
in (b), or any other person authorized to use the trade 
mark and/or rights, or their representative; 
(d) 'declaration for release for free circulation, for export 
or for re-export' means declarations made in accor­
dance with Article 61 of Regultion (EEC) No 2913/92. 
3. Any mould or matrix which is specifically designed 
or adapted for the manufacture of a counterfeit trade 
mark or of goods bearing such a trade mark or of pirated 
goods shall be treated as 'counterfeit or pirated goods', as 
appropriate, provided that the use of such moulds or 
matrices infringes the rights of the holder of a right under 
Community law or the law of the Member State in which 
the application for action by the customs authorities is 
made. 
4. This Regulation shall not apply to goods which bear 
a trade mark with the consent of the holder of that trade 
mark or which are protected by a copyright or neigh­
bouring right or a design right and which have been IP/N I l/EEC/EI 1 
Page 4 
No L 341/10 Official Journal of the European Communities 30. 12. 94 
manufactured with the consent of the holder of the right 
but are placed in one of the situations referred to in para­
graph 1 (a) without the latter's consent. 
Nor shall it apply to goods referred to in the first subpara­
graph which have been manufactured or bear a trade 
mark under conditions other than those agreed with the 
holders of the rights in question. 
CHAPTER II 
Prohibition of the release for free circulation, 
export, re-export or of the placing under a suspen­
sive procedure of counterfeit goods and pirated 
goods 
Article 2 
The release for free circulation, export, re-export or 
placing under a suspensive procedure of goods founds to 
be counterfeit or pirated on completion of the procedure 
provided for in Article 6 shall be prohibited. 
CHAPTER III 
Application for action by the customs authorities 
Article 3 
1. In each Member State, the holder of a right may 
lodge an application in writing with the competent 
service of the customs authority for action by the customs 
authorities where the goods are placed in one of the situa­
tions referred to in Article 1 (1) (a). 
2. The application referred to in paragraph 1 shall 
include: 
- a sufficiently detailed description of the goods to 
enable the customs authorities to recognize them, 
proof that the applicant is the holder of. the right for 
the goods in question. 
The holder of the right must also provide all other perti­
nent information available to him to enable the compe­
tent customs service to take a decision in full knowledge 
of the facts without, however, that information being a 
condition of admissibility of the application. 
By way of indication, in the case of pirated goods, that 
information shall, wherever possible, include: -the place where the goods are situated or the intended 
destination, 
-particulars identifying the consignment or packages, 
-the scheduled date of arrival or departure of the goods, 
-the means of transport used, 
-the identity of the importer, exporter or holder. 
3; The application must specify the length of the 
period during which the customs authorities are requested 
to take action. 
4. The applicant may be charged a fee to cover the 
administrative costs incurred in dealing with the applica­
tion. The fee shall not be disproportionate to the service 
provided. . 
5. The competent customs service with which an 
application drawn up pursuant to paragraph 2 has been 
lodged shall deal with the application and shall forthwith 
notify the applicant in writing of its decision. 
Where that service grants the application. the service shall 
specify the period during which the customs authorities 
shall take action. That period may, upon application by 
the holder of the right, be extended by the service which 
took the initial decision. 
Any refusal to grant an application shall give the reasons 
for refusal and may form the subject of an appeal. 
6. Member States may require the holder of a right, 
where his application has been granted, or where action 
as referred to in Article 1 (1) (a) has been taken pursuant 
to Article 6 (1). to provide a security: 
-to cover any liability on his part ""is-a.-vis the persons 
involved in one of the operations referred to in 
Article 1 (1) (a) where the procedure initiated pursuant 
to Article 6 (1) is discontinued owing to an act or 
omission by the holder of the right or where the 
goods in question are subsequently found not be 
counterfeit or pirated, 
to ensure payment of the costs incurred in accordance 
with this Regulation, in keeping the goods under 
customs control pursuant to Article 6. 
7. The holder of the right shall be obliged to inform 
the service referred to in paragraph 1 should the right 
cease to be validly registered or should it expire. 
8. Each Member State shall designate the service 
within the customs authority competent to receive and 
deal with the applications referred to in this Article. IP/N/lIEEC/EIl 
Page 5 
30. 12. 94 Official Journal of the European Communities No L 341/11 
Art£cle 4 
Where, in the course of. checks made under one of the 
customs procedures referred to in Article 1 (1) (a) and 
before an application by the holder of the right has been 
lodged or approved, it appears evident to the customs 
office that goods are counterfeit or pirated, the customs 
authority may, in accordance with the rules in force in the 
Member States concerned, notify the holder of the right, 
where known, of a possible infringement thereof. The 
customs authority shall be authorized to suspend release 
of the goods or detain them for a period of three working 
days to enable the holder of the right to lodge an applica­
tion for action in accordance with Article 3. 
Art£cle 5 
The decision granting the application by the holder of the 
right shall be forwarded immediately to the customs 
offices of the Member State which are liable to be 
concerned with the goods alleged in the application to be 
conterfeit or pirated. 
CHAPTER IV 
Conditions governing action by the customs autho­
rities· and by the authority competent to take a 
substantive decision 
Article 6 
1. Where a customs office to which the decision 
granting an application by the holder of a right has been 
forwarded pursuant to Article 5 is satisfied, after consul­
ting the applicant where necessary, that goods placed in 
one of the situations referred to in Article 1 (1) (a) corres­
pond to the description of the conterfeit or pirated goods 
contained in that decision, it shall suspend release of the 
goods or detain them. 
The customs office shall immediately inform the service 
which dealt with the application in accordance with 
Article 3. That service or the customs office, shall forth­
'with inform the declarant and the person who applied for 
action to be taken. In accordance with national provisions 
on the protection of peronal data, commercial and indus­
trial secrecy and professional and administrative confiden­
tiality, the customs office or the service which dealt with 
the application shall notify the holder of the right, at his 
request, of the name and address of the declarant and, if 
known, of those of the consignee so as to enable the 
holder of the right to ask the competent authorities to 
take a substantive decision. The customs office shall afford the applicant and the persons involved in any of 
the operations referred to in Article 1 (1) (a) the opportu­
nity to inspect the goods whose release has been 
suspended or which have been detained. 
When examining the goods the customs office may take 
samples in order to expedite the procedure. 
2. The law in force in the Member State within the 
territory of which the goods are placed in one of the situ­
ations referred to in Article 1 (1) (a) shall apply as regards: 
(a) referral to the authority competent to take a substan­
tive decision and immediate notification of the 
customs service or office referred to in paragraph 1 of 
that referral, unless referral is effected by that service 
or office; 
(b) reaching the decision to be taken by that authority. In 
the absence of Community rules in this regard, the 
criteria to be used in reaching that decision shall be 
the same as those used to determine whether goods 
produced in the Member State concerned infringe the 
rights of the holder. Reasons shall be given for deci­
sions adopted by the competent authority. 
Art£cle 7 
1. If, within 10 working days of notification of suspen­
sion of release or of detention, the customs office referred 
to in Article 6 (1) has not been informed that the matter 
has been referred to the authority competent to take a 
substantive decision on the case in accordance with 
Article 6 (2) or that the duly empowered authority has 
adopted interim measures, the goods shall be released, 
provided that all the customs formalities have been 
complied with and the detention order has been revoked. 
This period may be extended by a maximum of 10 
working days in appropriate cases. 
2. In the case of goods suspected of infringing design 
rights, the owner, the importer or the consignee of the 
goods shall be able to have the goods in question released 
or their detention revoked against provision of a security, 
provided that: 
-the customs service or office referred to in "Article 6 (1) 
has been informed, within the time limit referred to 
in paragraph 1, that the matter has been referred to 
the authority competent to take a substantive decision 
referred to in said paragraph 1, 
-on expiry of the time limit, the authority empowered 
for this purpose has not imposed interim measures, 
and 
-all the customs formalities have been completed. IPINI 1 IEEC/E/l 
Page 6 
No L 341/12 Official Journal of the European Communities 30. 12. 94 
The security must be sufficient to protect the interests of 
the holder of the right. Payment of the security shall be 
without prejudice to the other remedies open to the 
holder of the right. Where the matter has been referred to 
the authority competent to take a substantive decision 
other than on the initiative of the holder of the right, the 
security shall be released if that person does not exercise 
his right to institute legal proceedings within 20 working 
days of the date on which he is notified of the suspension 
of release or detention. Where the second sub paragraph of 
paragraph 1 applies, this period may be extended to a 
maximum of 30 working days. 
3. The conditions governing storage of the goods 
during the period of suspension of release or detention 
shall be determined by each Member State. 
CHAPTER V 
Provisions applicable to goods found to be counter­
feit or pirated goods 
Article 8 
1. Without prejudice to the other rights of action open 
to the holder of a trade mark which is found to have been 
counterfeited or the holder of a copyright or neighbou­
ring right or of a design right which is found to have 
been pirated, Member States shall adopt the measures 
necessary to allow the competent authorities: 
(a) as a general rule, and in accordance with the relevant 
provisons of national law, to destroy goods found to be 
counterfeit or pirated, or dispose of them outside 
commercial channels in such a way as to preclude 
injury to the holder of the right, without compensa­
tion of any sort and at no cost to the exc:hequer; 
(b) to take, in respect of such goods, any other measures 
which effectively deprive the persons concerned of the 
economic benefits of the transaction. 
The following in particular shall not be regarded as 
having such effect: 
-re-exporting the counterfeit or pirated goods in the 
unaltered state, 
-other than in exceptional cases, simply removing the 
trade marks which have been affixed to the counterfeit 
goods without authorization, 
placing the goods under a different customs proce­
dure. 
2. The counterfeit or pirated goods may be handed 
over to the exchequer. In that event, paragraph 1 (a) shall 
apply. 3. In addition to the information given pursuant to the 
second subparagraph of Article 6 (1) and under the condi­
tions laid down therein, the customs office or the compe­
tent service shall inform the holder of the right, upon 
request, of the names and addresses of the consignor, of 
the importer or exporter and of the manufacturer of the 
goods found to be counterfeit or pirated and of the quan­
tity of the goods in question. 
CHAPTER VI 
Final provisions 
Article 9 
1. Save as provided by the law of the Member State in 
which the application is made, the acceptance of an 
application drawn up in accordance with Article 3 (2) 
shall not entitle the holder of a right to compensation 
where counterfeit or pirated goods are not detected by a 
customs office and are released or no action is taken to 
detain them in accordance with Article 6 (1). 
2. Save as provided by the law of the Member State in 
which the application is made, exercise by a customs 
office or by another duly empowered authority of the 
powers conferred on them in regard to combating coun­
terfeit or pirated goods shall not render them liable to the 
persons involved in the operations referred to in Article 1 
(1) (a) or Article .4, in the event of their suffering loss or 
damage as a result of their action. 
3. The civil liability of the holder of a right shall be 
governed by the law of the Member State in which the 
goods in question were placed in one of the situations 
referred to in Article 1 (1) (a). 
Article 10 
This Regulation shall not apply to goods of a non-com­
mercial nature contained in travellers' personal luggage 
within the limits laid down in respect of relief from 
customs duty. 
Article 11 
Moreover, each Member State shall introduce penalties to 
apply in the event of infringements of Article 2. Such 
penalties must be sufficiently severe to encourage corn· 
pliance with the relevant provisions. 
Article 12 
The provisions necessary for the application of this Regu­
altion shall be adopted in accordance with the procedure 
laid down in Article 13 (3) and (4). IP/N/lIEEC/E/l 
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30. 12. 94 Official Journal of the European Communities No L 341/13 
Article 13 
1. The Commission shall be assisted by the Committee 
set up under Article 247 of Regulation (EEC) No 2913/92. 
2. The Committee shall examine any matter concer­
ning implementation of this Regulation which its 
chairman may raise, either on his own initiative or at the 
request of the representative of a Member State. 
3. The representative of the Commission shall submit 
to the Committee a draft of the measures to be taken. The 
Committee shall deliver its opinion on the draft within a 
time limit which the chairman may lay down according 
to the urgency of the measures to be taken. The opinion 
shall be delivered by the majority laid down in Article 
148 (2) of the Treaty in the case of decisions which the 
Council is required to adopt on a proposal from the 
Commission. The votes of the representatives of the 
Member States within the Committee shall be weighted 
in the manner set out in that Article. The chairman shall 
not vote. 
4. The Commission shall adopt measures which shall 
apply immediately. However, if the measures are not in 
accordance with the opinion of the Committee, they shall 
be communicated by the Commission to the Council 
forthwith. In the event: 
-the Commission shall defer application of the 
measures which it has decided for not more than 
three months from the date of their communication, 
-the Council, acting by a qualified majority, may take a 
different decision within the time limit provided for 
in the first indent. 
Article 14 
Member States shall communicate all relevant informa­
tion on the application of this Regulation to the Commis­
sion. 
The Commission shall communicate that information to 
the other Member States. For the purpose of the application of this Regulation, the 
provisions of Regulation (EEC) No 1468/81 of 19 May 
1981 on mutual assistance between the administrative 
authorities of the Member States and cooperation between 
the latter and the Commission to ensure the correct 
application of the law on customs or agricultuaral 
matters n shall apply mutatis mutandis. 
The details of the information procedure shall be drawn 
up in the framework of the implementing provisions in 
accordance with Article 13 (2), (3) and (4). 
Article 15 
Within two years of the entry into force of this Regula­
tion, the Commission shall, on the basis of the informa­
tion referred to in Article 14, report to the European 
Parliament and the Council on the operation of the 
system particularly with regard to the economic and social 
consequences of counterfeiting and shall propose any 
amendments or additions required, within a period of two 
years from the implementation of this Regulation. 
Article 16 
Regulation (EEC) No 3842/86 shall be repealed as from 
the date of implementation of this Regulation. 
Article 17 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply from 1 July 1995. 
This Regulation shall be binding in itS entirety and directly applicable in all Member 
States. 
Done at Brussels, 22 December 1994. 
For the Council 
The President 
H. SEEHOFER 
(I) OJ No L 144.2.6. 1981. p. 1. Regulation as last amended by 
Regulation (EEC) No 945/87 (OJ No L 90, 2. 4. 1987, p. 3). IF IN 11IEEC/EI 1 
Page 8 
No L 133/2 Official Journal of the European Communities 17. 6. 95 
COMMISSION REGULATION (EC) No 1367/95 
of 16 June 1995 
laying down provisions for the implementation of Council Regulation (EC) No 
3295/94 laying down measures to prohibit the release for free circulation, export, 
re-export or entry for a suspensive procedure of counterfeit and pirated goods 
THE COMMISSION OF THE EUROPEAN COMMUNmES. 
Having regard to the Treaty establishing the European 
Community, 
Having regard to Council Regulation (EC) No 3295/94 of 
22 December 1994 laying down measures to prohibit the 
release for free circulation, export, re-export or entry for a 
sus pensive procedure of counterfeit and pirated goods, 
and in particular Articles 12, 13 and 14 thereof (1), 
Whereas Regulation (EC) No 3295/94 introduced 
common rules with a view to prohibiting the release for 
free circulation, export, re-export or entry for a sus pensive 
procedure of counterfeit and pirated goods and dealing 
effectively with . the illegal marketing of such goods 
without impeding the freedom of legitimate trade; 
Whereas the nature of the proof of ownership of intellec­
tual property required by the second indent of the first 
subparagraph of Article 3 (2) of Regulation (EC) No 
3295/94 should be established; 
Whereas Article 14 of Regulation (EC) No 3295/94 
provides that Member States are to communicate to the 
Commission all relevant information for applying that 
Regulation and that the Commission. is to communicate 
that information to the other Member States; whereas the 
procedure for exchanging that information should be laid 
down; 
Whereas Commission Regulation (EEC) No 3077/87 (2) 
should be repealed; 
Whereas the measures provided for in this Regulation are 
in accordance with the opinion of the Customs Code 
Committee, 
HAS ADOPTED THIS REGULATION: 
Article 1 
For the purposes of Article 1 (2) (c) of Regulation (BC) No 
3295/94, hereinafter referred to as 'the basic Regulation' 
the holder of a right or any other person authorized to use 
(1) OJ No L 341, 30. 12. 1994. p. 8. 
e) OJ No L 291, 15. 10. 1987, p. 19. the right may be represented by a natural or legal person; 
such a person includes a collecting society which has as 
its sole or principal purpose the management or adminis­
tration of copyrights or neighbouring rights. 
Article 2 
The proof that the applicant holds one of the rights 
referred to in points (a) and (b) of Article 1 (2) of the basic 
Regulation, which must be submitted when applying for 
action in accordance with the second indent of the first 
subparagraph of Article 3 (2) of that Regulation, shall be 
as follows: 
(a) where the holder of the right applies himself: 
-in the case of a right that is registered or for which 
an application has been lodged (trademark or 
design right): proof of registration with the rele­
vant office or lodging of the application, 
-in the case of a copyright, neighbouring rights or 
design right that is unregistered or for which an 
application has not been lodged: any proof of 
authorship or of his status as original holder; 
(b) where the application is made by any other person 
authorized to use one of the rights referred to in 
points (a) and (b) of Article 1 (2) of the basic Regula­
tion in addition to the proof required under (a) 
hereof: the document by virtue of which the person is . 
authorized to use the right in question; 
(c) where a representative of the holder or of any other 
person authorized to use one of the rights referred to 
in points (a) and (b) of Article 1 (2) of the basic Regu­
lation applies: in addition to the proof required under 
(a) and (b) hereof, proof of authorization to act. 
Article 3 
The pertinent information referred to in the second 
subparagraph of Article 3 (2) of the basic Regulation shall 
include particulars of the goods, notably their value and 
their packaging, plus any information that could help 
distinguish them from goods for which there is a 
protected right. under the terms of the second subpara­
graph of Article 3 (2), this information should be as 
detailed as possible to enable the customs authorities, 
using risk analysis, to identify suspect consignments accu­
rately and without excessive effort. IP INlllEEC/E/l 
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17. 6. 95 Official Journal of the European Communities No L 133/3 
Article 4 
If an application is lodged in accordance with Article 4 of 
the basic Regulation before epiry of the time-limit of 
three days, the time-limits referred to in Article 7 of the 
Regulation shall be counted from the day of receipt of the 
request for action. 
If the customs authority suspends release of the goods or 
detains them in accordance with Article 4 of the basic 
Regulation, it shall forthwith inform the declarant. 
Article 5 
1. Each Member State shall, at the earliest opportunity, 
send the Commission detailes of: 
(a) the laws, regulations or administrative provisions 
which it adopts in implementation of this Regulation. 
It shall likewise inform the Commission of any provi­
sions of its national law which preclude informing the 
holder as provided for in the second subparagraph of 
Article 6 (1) and in Article 8 (3) of the basic Regula­
tion; 
(b) the competent customs department responsible for 
receiving and handling the holder's written applica­
tion, referred to in Article 3 (8) of the basic Regula­
tion. 
2. To enable the Commission to monitor the effective 
application of the procedure laid down by the basic Regu­
lation and draw up, in due course, the report referred to 
in Article 15 thereof, each Member State shall send the 
Commission: 
(a) at the end of each calendar year, a list of all the 
written applications under Article 3 (1) of the basic 
Regulation, together with the name and address of the holder, a brief description of the goods and, where 
relevant, the trademark, and the action taken in 
response to the application; 
(b) at the end of each quarter, a list of specific cases in 
which goods have been detained· or their release 
suspended. The information provided on each case 
must include: 
-the name and address of the holder of the right 
and a brief description of the goods and, where 
relevant, the trademark, and 
-the customs situation, country of consignment or 
destination, description, quantity and declared 
value of the goods the release of which has been 
suspended or which have been detained, and the 
date of such suspension or detention. 
3. The Commission shall, in an appropriate manner, 
communciate to all Member States such information as it 
receives pursuant to this Article. Details of cases provided 
for in point (b) of paragraph 2 shall be sent quarterly to 
the Member States by the Commission. 
4. Details communicated pursuant to paragraphs 1, 2 
and 3 may be used only for the purposes established by 
the basic Regulation. 
Article 6 
Regulation (EEC) No 3077/87 is hereby repealed with 
effect from 1 July 1995. 
Article 7 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply from 1 July 1995. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. . 
Done at Brussels, 16 June 1995. 
For the Commission 
Mario MONTI 
Member of the Commission 