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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 COMMUNITIES,
|HAS ADOPTED THIS REGULATION|
For the purposes of Article 1 (2) (c) of Regulation (EC) No 3295/94, hereinafter referred to as ‘the basic Regulation' the holder of a right or any other person authorized to use 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 administration of copyrights or neighbouring rights.
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:
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 subparagraph of Article 3 (2), this information should be as detailed as possible to enable the customs authorities, using risk analysis, to identify suspect consignments accurately and without excessive effort
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.
1. Each Member State shall, at the earliest opportunity, send the Commission detailes of:
Regulation (EEC) No 3077/87 is hereby repealed with effect from 1 July 1995.
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.