Commission Implementing Regulation (EU) 2024/2399

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003^note, and in particular Article 6(1) and Article 12(7) thereof,After consulting the Customs Code Committee,Whereas:

(1)In line with Regulation (EU) No 608/2013, persons and entities duly entitled may submit an application to the competent customs department requesting that customs authorities take action on goods suspected of infringing intellectual property rights (application). They may also request to amend the application and extend the period during which the customs authorities are to take action in line with a previously granted application (amendment and extension requests).

(2)To ensure uniform conditions for the application and for the amendment and extension requests provided for in Regulation (EU) No 608/2013, standard forms were established in Commission Implementing Regulation (EU) No 1352/2013^note.

(3)According to Article 5(6) of Regulation (EU) No 608/2013 where computerised systems are available for the purpose of receiving and processing applications, applications as well as attachments shall be submitted using electronic data-processing techniques. That article provides for a legal obligation to submit applications and amendment or extension requests electronically, where computerised systems are in place.

(4)Within the Union, the national trader portals established by the customs authorities of the Member States and the IP Enforcement Portal (‘IPEP’) – the trader portal for the anti-Counterfeit and anti-Piracy Information System (‘COPIS’) – are already in place to electronically submit applications and amendment or extension requests.

(5)Implementing Regulation (EU) No 1352/2013 should therefore take into account the availability of those computerised systems and clarify that applicants or their representatives should submit applications and amendment or extension requests electronically through one of the trader portals in place, except in case of temporary failure of COPIS or of one of those trader portals. In this case, paper forms may still be used.

(6)Implementing Regulation (EU) No 1352/2013 should therefore be amended accordingly,

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