title: Commission Implementing Regulation (EU) 2018/582 of 12 April 2018 amending Implementing Regulation (EU) No 1352/2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights

text:
                  18.4.2018

                  EN

                  Official Journal of the European Union

                  L 98/4

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/582
      of 12 April 2018
      amending Implementing Regulation (EU) No 1352/2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights
      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 (1), and in particular Article 6(1) thereof,
      Whereas:

                  (1)

                  Commission Implementing Regulation (EU) No 1352/2013 (2) established the application form provided for in Regulation (EU) No 608/2013 to be used for requesting that customs authorities take action with respect to goods suspected of infringing an intellectual property right (‘application form’).

                  (2)

                  The application form needs to be adapted to take account of the practical experience made in using that form as well as to ensure a trouble free transmission and exchange of information via the central database referred to in Article 31 of Regulation (EU) No 608/2013.

                  (3)

                  Where an application is submitted after the customs authorities have suspended the release of or detained the goods at their own initiative, this should be indicated on the application form by the applicant.

                  (4)

                  By Regulation (EU) 2015/2424 of the European Parliament and of the Council (3), the term ‘Community trade mark’ was replaced in the Union legal order by the term ‘European Union trade mark’. The application form needs to be updated accordingly.

                  (5)

                  Where the applicant requests the use of the procedure for the destruction of goods in small consignments in accordance with Article 26 of Regulation (EU) No 608/2013, he should be able to specify whether he wishes that procedure to be used in all the Member States or in one or several specific Member States.

                  (6)

                  An applicant should be required to provide in the application form the names and addresses of involved companies and traders as that information is relevant to the customs authorities' analysis and assessment of the risk of infringement.

                  (7)

                  Taking into account that, in accordance with Article 31 of Regulation (EU) No 608/2013, all exchanges of data on decisions relating to applications and detentions between the Member States and the Commission are to be made via the central database of the Commission and that that database needs to be adjusted to the new application form, the amendments to Annexes I and III to Implementing Regulation (EU) No 1352/2013 should apply from 15 May 2018.

                  (8)

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

                  (9)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      Implementing Regulation (EU) No 1352/2013 is amended as follows:

                  (1)

                  Annex I is replaced by the text set out in Annex I to this Regulation;

                  (2)

                  Annex III is amended in accordance with Annex II to this Regulation.

            Article 2
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
      It shall apply from 15 May 2018.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 12 April 2018.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 181, 29.6.2013, p. 15.

         (2)  Commission Implementing Regulation (EU) No 1352/2013 of 4 December 2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights (OJ L 341, 18.12.2013, p. 10).

         (3)  Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OJ L 341, 24.12.2015, p. 21).

         ANNEX I
         ‘
               ANNEX I
               Text of image

                  EUROPEAN UNION — APPLICATION FOR ACTION
                  1
                  1. Applicant
                  Name (*):
                  Address (*):
                  Town (*):
                  Postal Code:
                  Country (*):
                  EORI-No: (+)
                  TIN No: (+)
                  National registration No: (+)
                  Telephone: (+)
                  Mobile: (+)
                  Fax: (+)
                  Email (*):
                  Website:
                  For official use
                  Date of receipt
                  COPY FOR THE COMPETENT CUSTOMS DEPARTMENT
                  Registration number of application
                  INTELLECTUAL PROPERTY RIGHTS
                  APPLICATION FOR ACTION BY CUSTOMS AUTHORITIES
                  under Article 6 of Regulation (EU) No 608/2013
                  2 (*). Union application
                  National application
                  National application (cf. Article 5(3))
                  3 (*). Status of applicant
                  Right-holder
                  Person or entity authorised to use the IP right
                  IP collective rights management body
                  Professional defence body
                  Group of producers of products with a Geographical Indication or representative of such group
                  Operator entitled to use a Geographical Indication
                  Inspection body or authority competent for a Geographical Indication
                  Exclusive license holder covering two or more Member States
                  4. Representative submitting the application in the name of the applicant
                  Company:
                  Name (*):
                  Address (*):
                  Town (*):
                  Postal Code:
                  Country (*):
                  Telephone: (+)
                  Mobile: (+) Evidence of the representatives power to act is enclosed
                  Fax: (+)
                  1
                  5 (*). Type of right to which the application refers
                  National trademark (NTM)
                  European Union trademark (EUTM)
                  International registered trademark (ITM)
                  Registered national design (ND)
                  Registered Community design (CDR)
                  International registered design (ICD)
                  Unregistered Community design (CDU)
                  Copyright and related right (NCPR)
                  Trade name (NTN)
                  Topography of semiconductor product (NTSP)
                  Patent as provided for by national law (NPT)
                  Patent as provided for by Union law (UPT)
                  Utility model (NUM)
                  Geographical Indication/Designation of origin:
                  for agricultural products and foodstuff (CGIP)
                  for wine (CGIW)
                  for aromatised drinks based on wine products (CGIA)
                  for spirit drinks (CGIS)
                  for other products (NGI)
                  as listed in Agreements between the Union and third countries (CGIL)
                  Plant variety right:
                  national (NPVR)
                  Community (CPVR)
                  Supplementary protection certificate:
                  for medicinal products (SPCM)
                  for plant protection products (SPCP)
                  6 (*). Member State or, in the case of a Union application, Member States in which customs action is requested
                  ALL MEMBER STATES
                  BE
                  LT
                  BG
                  LU
                  CZ
                  HU
                  DK
                  MT
                  DE
                  NL
                  EE
                  AT
                  IE
                  PL
                  EL
                  PT
                  ES
                  RO
                  FR
                  SI
                  HR
                  SK
                  IT
                  FI
                  CY
                  SE
                  LV
                  UK
                  7. Representative for legal matters
                  Company:
                  Name (*):
                  Address (*):
                  Town (*):
                  Postal Code:
                  Country (*):
                  Telephone: (+)
                  Mobile: (+)
                  Fax: (+)
                  Email (*):
                  Website:
                  8. Representative for technical matters
                  Company:
                  Name (*):
                  Address (*):
                  Town (*):
                  Postal Code:
                  Country (*):
                  Telephone: (+)
                  Mobile: (+)
                  Fax: (+)
                  Email (*):
                  Website:
                  9. In case of a Union application, the details of the designated representatives for legal and technical matters are included in annex no
                  10. I request the use of the procedure of Article 26 of Regulation (EU) No 608/2013 (small consignments) in the following Member State(s) and, where requested by the customs authorities, agree to cover the costs related to the destruction of goods under this procedure.
                  ALL MEMBER STATES
                  BE
                  LT
                  BG
                  LU
                  CZ
                  HU
                  DK
                  MT
                  DE
                  NL
                  EE
                  AT
                  IE
                  PL
                  EL
                  PT
                  ES
                  RO
                  FR
                  SI
                  HR
                  SK
                  IT
                  FI
                  CY
                  SE
                  LV
                  UK
                  (*) these are mandatory fields and shall be filled in
                  (+) at least one of these fields shall be filled in

               Text of image

                  11 (*). List of rights to which the application refers
                  No
                  Type of right
                  Registration number
                  Date of registration
                  Expiry date
                  List of goods to which the right refers
                  For further rights see annex no Restricted handling
                  Authentic goods
                  12 (*). Goods details Restricted handling
                  IP right no:
                  Goods description:
                  CN tariff number:
                  Customs value:
                  European average market value:
                  National market value: See enclosed annex no
                  13 (*). Goods distinctive features Restricted handling
                  Position on the goods:
                  Description:
                  See enclosed annex no
                  14 (*). Place of production Restricted handling
                  Country:
                  Company:
                  Address:
                  Town: See enclosed annex no
                  15 (*). Involved companies Restricted handling
                  Role:
                  Name:
                  Address:
                  Town:
                  Postal Code:
                  Country: See enclosed annex no
                  16 (*). Traders Restricted handling
                  Name:
                  Address:
                  Town:
                  Postal Code:
                  Country: See enclosed annex no
                  17. Goods clearance details and distribution information Restricted handling
                  See enclosed annex no
                  18. Packages Restricted handling
                  Kind of packages:
                  Number of items per package:
                  Description (incl. distinctive features):
                  See enclosed annex no
                  19. Accompanying documents Restricted handling
                  Type of document:
                  Description:
                  See enclosed annex no

               Text of image

                  Infringing goods
                  20. Goods details Restricted handling
                  IP right no:
                  Goods description:
                  CN tariff number:
                  Minimum value: See enclosed annex no
                  21. Goods distinctive features Restricted handling
                  Position on the goods:
                  Description:
                  See enclosed annex no
                  22. Place of production Restricted handling
                  Country:
                  Company:
                  Address:
                  Town:
                  Postal Code:
                  See enclosed annex no
                  23. Involved companies Restricted handling
                  Role:
                  Name:
                  Address:
                  Town:
                  Postal Code:
                  Country: See enclosed annex no
                  24. Traders Restricted handling
                  Name:
                  Address:
                  Town:
                  Postal Code:
                  Country:
                  See enclosed annex no
                  25. Goods distribution information Restricted handling
                  See enclosed annex no
                  26. Packages Restricted handling
                  Kind of packages:
                  Number of items per package:
                  Description (incl. distinctive features):
                  See enclosed annex no
                  27. Accompanying documents Restricted handling
                  Type of document:
                  Description:
                  See enclosed annex no

               Text of image

                  28. Additional information Restricted handling
                  See enclosed annex no
                  29. Undertakings
                  By signing I undertake to:
                  — notify immediately the competent customs department that granted this application of any change in the information provided by me within this application or attachments in accordance with Article 15 of Regulation (EU) No 608/2013.
                  — forward to the competent customs department that granted this application any update on the information as referred to in point (g), (h) or (i) of Article 6(3) of Regulation (EU)No 608/2013 that are relevant to customs authorities' analysis and assessment of the risk of infringement of the intellectual property right(s) included in this application.
                  — assume liability under the conditions laid down in Article 28 of Regulation (EU) No 608/2013 and bear the costs as referred to in Article 29 of Regulation (EU) No 608/2013.
                  I agree that all the data submitted with this application may be processed by the European Commission and by the Member States.
                  30 (*). Signature
                  Date (DD/MM/YYYY) Applicant's signature
                  Place Name (Block capitals)
                  For official use
                  Decision by customs authorities (within the meaning of Section 2 of Regulation (EU) No 608/2013)
                  The application is completely granted.
                  The application has been partially granted (for the granted rights see attached list).
                  Date of adoption (DD/MM/YYYY) Signature and stamp Competent customs department
                  Expiry date of the application:
                  Any request for extension of the period that customs authorities are to take action should be received by the competent customs department at the latest 30 working days before the expiry date.
                  The application has been rejected.
                  A reasoned decision stating the grounds for partial or complete rejection and information concerning the appeal procedure are attached.
                  Date (DD/MM/YYYY) Signature and stamp Competent customs department

               Text of image

                  Personal data protection and the central database for the processing of applications for action.
                  Where the European Commission processes personal data contained in this application for action Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community Institutions and bodies and on the free movement of such data will apply. Where the competent customs authority of a Member State processes personal data contained in this application for action the national provisions implementing Directive 95/46/EC will apply.
                  The purpose of the processing of personal data of the application for action is the enforcement of intellectual property rights by customs authorities in the Union in accordance with Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights.
                  The controller with respect to the processing of the data in the central database is the national competent customs department where the application has been submitted.The list of competent customs departments is published on the website of the Commission:
                  http://ec.europa.eu/taxation_customs/customs/customs_controls/counterfeit_piracy/right_holders/index_en.htm.
                  The access to all personal data of this application is granted through UserID/Password to customs authorities in the Member States and the Commission.
                  Personal data forming part of the information that falls under restricted handling will only be accessible by customs authorities of the Member States as indicated in box 6 of the application through UserID/Password.
                  In accordance with Article 22 of Regulation (EU) No 608/2013, 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 property rights, the Commission and the customs authorities of the Member States may share personal data and information contained in the application with the relevant authorities in third countries.
                  Replies to data fields marked with an * and to at least one of the fields marked "+" are obligatory to be filled in. In case of failure to fill in these obligatory data, the application shall be rejected.
                  The data subject has a right of access to the personal data relating to him or her that will be processed through the central database and, where appropriate, the right to rectify, erase or block personal data in accordance with Regulation (EC) No 45/2001 or the national laws implementing Directive 95/46/EC.
                  All requests for the exercise of the right of access, rectification, erasure or blocking shall be submitted to and processed by the competent customs department where the application was submitted.
                  The legal basis for processing the personal data for the enforcement of intellectual property rights is Regulation (EU) No 608/2013 of the European Parliament and of the Council of12 June 2013 concerning customs enforcement of intellectual property rights.
                  Personal data shall not be stored longer than six months from the date the decision granting the application has been revoked or the relevant period during which customs authorities are to take action has expired. That period shall be specified by the competent customs department when granting the application and shall not exceed one year from the day following the date of adoption of the decision granting the application. However, where customs authorities have been notified of proceedings initiated to determine a possible infringement of goods under the application, personal data shall be kept for six months after the proceedings have been concluded.
                  Complaints, in case of conflict, can be addressed to the relevant national data protection authority. The contact details of the national data protection authorities are available on the web-site of the European Commission, Directorate General for Justice (http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm#h2-1). Where the complaint concerns processing of personal data by the European Commission, it should be addressed to the European Data Protection Supervisor (http://www.edps.europa.eu/EDPSWEB/).

               Text of image

                  EUROPEAN UNION — APPLICATION FOR ACTION
                  2
                  1. Applicant
                  Name (*):
                  Address (*):
                  Town (*):
                  Postal Code:
                  Country (*):
                  EORI-No: (+)
                  TIN No: (+)
                  National registration No: (+)
                  Telephone: (+)
                  Mobile: (+)
                  Fax: (+)
                  Email (*):
                  Website:
                  For official use
                  Date of receipt
                  COPY FOR THE APPLICANT
                  Registration number of application
                  INTELLECTUAL PROPERTY RIGHTS
                  APPLICATION FOR ACTION BY CUSTOMS AUTHORITIES
                  under Article 6 of Regulation (EU) No 608/2013
                  2 (*). Union application
                  National application
                  National application (cf. Article 5(3))
                  3 (*). Status of applicant
                  Right-holder
                  Person or entity authorised to use the IP right
                  IP collective rights management body
                  Professional defence body
                  Group of producers of products with a Geographical Indication or representative of such group
                  Operator entitled to use a Geographical Indication
                  Inspection body or authority competent for a Geographical Indication
                  Exclusive license holder covering two or more Member States
                  4. Representative submitting the application in the name of the applicant
                  Company:
                  Name (*):
                  Address (*):
                  Town (*):
                  Postal Code:
                  Country (*):
                  Telephone: (+)
                  Mobile: (+) Evidence of the representatives power to act is enclosed
                  Fax: (+)
                  2
                  5 (*). Type of right to which the application refers
                  National trademark (NTM)
                  European Union trademark (EUTM)
                  International registered trademark (ITM)
                  Registered national design (ND)
                  Registered Community design (CDR)
                  International registered design (ICD)
                  Unregistered Community design (CDU)
                  Copyright and related right (NCPR)
                  Trade name (NTN)
                  Topography of semiconductor product (NTSP)
                  Patent as provided for by national law (NPT)
                  Patent as provided for by Union law (UPT)
                  Utility model (NUM)
                  Geographical Indication/Designation of origin:
                  for agricultural products and foodstuff (CGIP)
                  for wine (CGIW)
                  for aromatised drinks based on wine products (CGIA)
                  for spirit drinks (CGIS)
                  for other products (NGI)
                  as listed in Agreements between the Union and third countries (CGIL)
                  Plant variety right:
                  national (NPVR)
                  Community (CPVR)
                  Supplementary protection certificate:
                  for medicinal products (SPCM)
                  for plant protection products (SPCP)
                  6 (*). Member State or, in the case of a Union application, Member States in which customs action is requested
                  ALL MEMBER STATES
                  BE
                  LT
                  BG
                  LU
                  CZ
                  HU
                  DK
                  MT
                  DE
                  NL
                  EE
                  AT
                  IE
                  PL
                  EL
                  PT
                  ES
                  RO
                  FR
                  SI
                  HR
                  SK
                  IT
                  FI
                  CY
                  SE
                  LV
                  UK
                  7. Representative for legal matters
                  Company:
                  Name (*):
                  Address (*):
                  Town (*):
                  Postal Code:
                  Country (*):
                  Telephone: (+)
                  Mobile: (+)
                  Fax: (+)
                  Email (*):
                  Website:
                  8. Representative for technical matters
                  Company:
                  Name (*):
                  Address (*):
                  Town (*):
                  Postal Code:
                  Country (*):
                  Telephone: (+)
                  Mobile: (+)
                  Fax: (+)
                  Email (*):
                  Website:
                  9. In case of a Union application, the details of the designated representatives for legal and technical matters are included in annex no
                  10. I request the use of the procedure of Article 26 of Regulation (EU) No 608/2013 (small consignments) in the following Member State(s) and, where requested by the customs authorities, agree to cover the costs related to the destruction of goods under this procedure.
                  ALL MEMBER STATES
                  BE
                  LT
                  BG
                  LU
                  CZ
                  HU
                  DK
                  MT
                  DE
                  NL
                  EE
                  AT
                  IE
                  PL
                  EL
                  PT
                  ES
                  RO
                  FR
                  SI
                  HR
                  SK
                  IT
                  FI
                  CY
                  SE
                  LV
                  UK
                  (*) these are mandatory fields and shall be filled in
                  (+) at least one of these fields shall be filled in

               Text of image

                  11 (*). List of rights to which the application refers
                  No
                  Type of right
                  Registration number
                  Date of registration
                  Expiry date
                  List of goods to which the right refers
                  For further rights see annex no Restricted handling
                  Authentic goods
                  12 (*). Goods details Restricted handling
                  IP right no:
                  Goods description:
                  CN tariff number:
                  Customs value:
                  European average market value:
                  National market value: See enclosed annex no
                  13 (*). Goods distinctive features Restricted handling
                  Position on the goods:
                  Description:
                  See enclosed annex no
                  14 (*). Place of production Restricted handling
                  Country:
                  Company:
                  Address:
                  Town: See enclosed annex no
                  15 (*). Involved companies Restricted handling
                  Role:
                  Name:
                  Address:
                  Town:
                  Postal Code:
                  Country: See enclosed annex no
                  16 (*). Traders Restricted handling
                  Name:
                  Address:
                  Town:
                  Postal Code:
                  Country: See enclosed annex no
                  17. Goods clearance details and distribution information Restricted handling
                  See enclosed annex no
                  18. Packages Restricted handling
                  Kind of packages:
                  Number of items per package:
                  Description (incl. distinctive features):
                  See enclosed annex no
                  19. Accompanying documents Restricted handling
                  Type of document:
                  Description:
                  See enclosed annex no

               Text of image

                  Infringing goods
                  20. Goods details Restricted handling
                  IP right no:
                  Goods description:
                  CN tariff number:
                  Minimum value: See enclosed annex no
                  21. Goods distinctive features Restricted handling
                  Position on the goods:
                  Description:
                  See enclosed annex no
                  22. Place of production Restricted handling
                  Country:
                  Company:
                  Address:
                  Town:
                  Postal Code:
                  See enclosed annex no
                  23. Involved companies Restricted handling
                  Role:
                  Name:
                  Address:
                  Town:
                  Postal Code:
                  Country: See enclosed annex no
                  24. Traders Restricted handling
                  Name:
                  Address:
                  Town:
                  Postal Code:
                  Country:
                  See enclosed annex no
                  25. Goods distribution information Restricted handling
                  See enclosed annex no
                  26. Packages Restricted handling
                  Kind of packages:
                  Number of items per package:
                  Description (incl. distinctive features):
                  See enclosed annex no
                  27. Accompanying documents Restricted handling
                  Type of document:
                  Description:
                  See enclosed annex no

               Text of image

                  28. Additional information Restricted handling
                  See enclosed annex no
                  29. Undertakings
                  By signing I undertake to:
                  — notify immediately the competent customs department that granted this application of any change in the information provided by me within this application or attachments in accordance with Article 15 of Regulation (EU) No 608/2013.
                  — forward to the competent customs department that granted this application any update on the information as referred to in point (g), (h) or (i) of Article 6(3) of Regulation (EU)No 608/2013 that are relevant to customs authorities' analysis and assessment of the risk of infringement of the intellectual property right(s) included in this application.
                  — assume liability under the conditions laid down in Article 28 of Regulation (EU) No 608/2013 and bear the costs as referred to in Article 29 of Regulation (EU) No 608/2013.
                  I agree that all the data submitted with this application may be processed by the European Commission and by the Member States.
                  30 (*). Signature
                  Date (DD/MM/YYYY) Applicant's signature
                  Place Name (Block capitals)
                  For official use
                  Decision by customs authorities (within the meaning of Section 2 of Regulation (EU) No 608/2013)
                  The application is completely granted.
                  The application has been partially granted (for the granted rights see attached list).
                  Date of adoption (DD/MM/YYYY) Signature and stamp Competent customs department
                  Expiry date of the application:
                  Any request for extension of the period that customs authorities are to take action should be received by the competent customs department at the latest 30 working days before the expiry date.
                  The application has been rejected.
                  A reasoned decision stating the grounds for partial or complete rejection and information concerning the appeal procedure are attached.
                  Date (DD/MM/YYYY) Signature and stamp Competent customs department

               Text of image

                  Personal data protection and the central database for the processing of applications for action.
                  Where the European Commission processes personal data contained in this application for action Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community Institutions and bodies and on the free movement of such data will apply. Where the competent customs authority of a Member State processes personal data contained in this application for action the national provisions implementing Directive 95/46/EC will apply.
                  The purpose of the processing of personal data of the application for action is the enforcement of intellectual property rights by customs authorities in the Union in accordance with Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights.
                  The controller with respect to the processing of the data in the central database is the national competent customs department where the application has been submitted.The list of competent customs departments is published on the website of the Commission:
                  http://ec.europa.eu/taxation_customs/customs/customs_controls/counterfeit_piracy/right_holders/index_en.htm.
                  The access to all personal data of this application is granted through UserID/Password to customs authorities in the Member States and the Commission.
                  Personal data forming part of the information that falls under restricted handling will only be accessible by customs authorities of the Member States as indicated in box 6 of the application through UserID/Password.
                  In accordance with Article 22 of Regulation (EU) No 608/2013, 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 property rights, the Commission and the customs authorities of the Member States may share personal data and information contained in the application with the relevant authorities in third countries.
                  Replies to data fields marked with an * and to at least one of the fields marked "+" are obligatory to be filled in. In case of failure to fill in these obligatory data, the application shall be rejected.
                  The data subject has a right of access to the personal data relating to him or her that will be processed through the central database and, where appropriate, the right to rectify, erase or block personal data in accordance with Regulation (EC) No 45/2001 or the national laws implementing Directive 95/46/EC.
                  All requests for the exercise of the right of access, rectification, erasure or blocking shall be submitted to and processed by the competent customs department where the application was submitted.
                  The legal basis for processing the personal data for the enforcement of intellectual property rights is Regulation (EU) No 608/2013 of the European Parliament and of the Council of12 June 2013 concerning customs enforcement of intellectual property rights.
                  Personal data shall not be stored longer than six months from the date the decision granting the application has been revoked or the relevant period during which customs authorities are to take action has expired. That period shall be specified by the competent customs department when granting the application and shall not exceed one year from the day following the date of adoption of the decision granting the application. However, where customs authorities have been notified of proceedings initiated to determine a possible infringement of goods under the application, personal data shall be kept for six months after the proceedings have been concluded.
                  Complaints, in case of conflict, can be addressed to the relevant national data protection authority. The contact details of the national data protection authorities are available on the web-site of the European Commission, Directorate General for Justice (http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm#h2-1). Where the complaint concerns processing of personal data by the European Commission, it should be addressed to the European Data Protection Supervisor (http://www.edps.europa.eu/EDPSWEB/).

            ’.

         ANNEX II
         Part I of Annex III to Implementing Regulation (EU) No 1352/2013 is amended as follows:

                     (1)

                     in the note on the completion of box 1 (‘Applicant’), the text is replaced by the following:
                     ‘Details concerning the applicant shall be entered in this box. It shall contain information on the name and complete address of the applicant, his Taxpayer Identification Number, any other national registration number or his Economic Operator Registration and Identification Number (EORI-No), which is a number, unique throughout the Union, assigned by a customs authority in a Member State to economic operators involved in customs activities, his telephone, mobile telephone or fax number and his email address. The applicant may also enter, where appropriate, his website address.’;

                     (2)

                     in the note on the completion of box 2 (‘Union/National application’), the following paragraph is added:
                     ‘Where the application is submitted after the release of the goods was suspended or the goods were detained in accordance with Article 18 of Regulation (EU) No 608/2013, the box ‘National application (cf. Article 5(3))’ shall be ticked.’;

                     (3)

                     in the note on the completion of box 10 (‘Small consignment procedure’), the text is replaced by the following:
                     ‘Where the applicant wishes to request the use of the procedure for destruction of goods in the small consignment set out in Article 26 of Regulation (EU) No 608/2013, he shall tick the appropriate box of the Member State, or Member States in case of a Union application, in which he wishes to have the procedure applied.’.


title: Commission Implementing Regulation (EU) 2018/764 of 2 May 2018 on the fees and charges payable to the European Union Agency for Railways and their conditions of payment (Text with EEA relevance. )

text:
               25.5.2018

               EN

               Official Journal of the European Union

               L 129/68

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/764
   of 2 May 2018
   on the fees and charges payable to the European Union Agency for Railways and their conditions of payment
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (1), and in particular Article 80 thereof,
   Whereas:

               (1)

               The revenue of the European Union Agency for Railways (‘the Agency’) consists of a contribution from the Union and the fees and charges paid by applicants for the processing of applications for certificates, authorisations and decisions for approval, handling of appeals and other services provided by the Agency in accordance with Article 64 of Regulation (EU) 2016/796.

               (2)

               The fees and charges payable to the Agency should be set in a transparent, fair and uniform manner, in particular with the objective of simplification. They should not result in the imposition of unnecessary financial burden on enterprises and should not jeopardise the competitiveness of the European railway sector.

               (3)

               The calculation of fees and charges should take account of the cost of staff and external experts involved in the processing of applications, where relevant. Account should equally be taken of the costs of supporting services and activities related to the processing of applications, as well as any other operational costs in order to provide those services. These costs should be related and proportionate to the relevant activities and they should be non-discriminatory.

               (4)

               The fees and charges levied by the Agency should cover the full costs of the services rendered by the Agency.

               (5)

               The time spent by the Agency to provide those services should be invoiced at an hourly rate, until the maturity of the system allows for a regime of fixed rates. The fees and charges of the Agency should be set at such a level as to avoid a deficit or a significant accumulation of surplus, in accordance with Regulation (EU) 2016/796.

               (6)

               The amounts payable should not depend on where the applicant is established, or the language used for the application. Therefore, the travel and translation costs incurred in relation to the part of the application processed by the Agency should be aggregated and divided among all applications.

               (7)

               Fees and charges should be established to meet the specific needs of small and medium-sized enterprises. Undertakings should have the possibility to split payment into several instalments if needed.

               (8)

               Applicants have been secured the right to appeal within the Regulation (EU) 2016/796 and should be able to seek relief and exercise this right against decisions of the Agency. The payment of the fees and charges for an appeal against decisions of the Agency should therefore not be a prerequisite for an appeal to be admissible. Fees and charges should only be levied for the processing of appeals in cases where the appeal is dismissed.

               (9)

               In line with good project management, the applicant should have the possibility to request an estimate. The applicant should be informed, as far as possible, of the likely amount to be paid and the way in which payment should be made. Time limits for the payment of fees and charges should be established.

               (10)

               Information on the fees and charges established in this Regulation should be publicly available. Any future revisions of the fees levied by the Agency should be based on a transparent evaluation of the costs of the Agency and the relevant costs resulting from the tasks carried out by the NSAs.

               (11)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee in line with Article 81 of Regulation (EU) 2016/796,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Subject matter and scope
   1.   This Regulation lays down the fees and charges payable to the European Union Agency for Railways (‘the Agency’) for the processing of applications pursuant to Articles 14, 20, 21 and 22 of Regulation (EU) 2016/796 as well as for the provision of other services in accordance with the objectives for which the Agency has been established. It also specifies the method to be used for calculating those fees and charges and conditions for payment.
   2.   This Regulation also establishes procedures to ensure transparency, non-discrimination and other basic principles of European law in relation to the costs of the national safety authorities (‘NSAs’) for processing the national part of the applications for which the Agency is responsible pursuant to Articles 14, 20, and 21 of Regulation (EU) 2016/796.
   3.   This Regulation shall not apply to the fees and charges levied in relation to the following activities of the NSAs:

               (a)

               processing of applications for single safety certificates pursuant to Article 10(8) of Directive (EU) 2016/798 (2) and the related pre-engagement process provided for in Commission Implementing Regulation (EU) 2018/763 (3),

               (b)

               processing of applications for vehicle authorisations for placing on the market or type authorisations of vehicles pursuant to Articles 21(8) and 24(1) of Directive (EU) 2016/797 (4) and the related pre-engagement process provided for in Commission Implementing Regulation (EU) 2018/545 (5);

               (c)

               issuing an opinion on the request for ERTMS track-side equipment approval in accordance with the last sub paragraph of Article 19(3) of Directive (EU) 2016/797;

               (d)

               delivering temporary authorisations for on-site tests pursuant to Article 21(3) and (5) of Directive (EU) 2016/797.

         Article 2
   Types of fees and charges
   1.   The Agency shall levy fees for the processing of applications, including for the issuing of estimates and where an application is withdrawn by the applicant, or where the Agency amends a decision. The Agency may also levy fees where it revokes an earlier decision due to non-compliance of the holder of an authorisation or certification.
   2.   The applications referred to in paragraph 1 shall cover:

               (a)

               vehicle authorisations for placing on the market and vehicle type authorisations in accordance with Article 20 and 21 of Regulation (EU) 2016/796;

               (b)

               single safety certificates in accordance with Article 14 of Regulation (EU) 2016/796;

               (c)

               decisions for approval of the interoperability compliance of an ERTMS track-side equipment solution with the relevant TSI in accordance with Article 22 of Regulation (EU) 2016/796;

               (d)

               appeals referred to in Article 58 of Regulation (EU) 2016/796, in accordance with Article 7 of this Regulation.

         3.   The Agency shall levy charges for the provision of services other than those referred to in paragraph 1, requested by an applicant or any other person. In particular, it shall levy charges for the pre-engagement process provided for in Regulation (EU) 2018/545 and in Implementing Regulation (EU) 2018/763.
   4.   The Agency shall publish a list of services on its website.
   Article 3
   Calculation of fees and charges
   1.   The amount of fees and charges shall be the total of the following:

               (a)

               the number of hours spent by Agency staff and external experts, on the processing of the application multiplied by the hourly rate of the Agency; and

               (b)

               the relevant costs of the NSAs resulting from the processing of the national part of the application.

         2.   The Agency shall apply an hourly rate of EUR 130 for the purposes of paragraph 1(a).
   Article 4
   Estimates of fees and charges
   1.   The Agency shall, at the request of the applicant, issue a non-binding estimate of the amount of the fees and charges related to the application or request for services and provide information on when the invoices will be issued.
   The NSAs which are involved in the processing of an application shall provide a non-binding estimate of their costs as referred to in Article 3(1)(b) to the Agency to be included in the estimate issued by the Agency.
   2.   During the processing of an application, the Agency and the NSAs shall monitor their costs. At the request of the applicant, when costs risk exceeding the estimate by more than 15 %, the Agency shall inform the applicant thereof.
   3.   Where the processing of an application or a service lasts longer than one year, the applicant may request a new estimate.
   4.   Where the issuing of estimates and any review thereof is requested, the deadlines set by Article 19(4) and Article 21(6) of Directive (EU) 2016/797 and Article 10(6) of Directive (EU) 2016/798 may be suspended for a maximum of 10 working days.
   Article 5
   Conditions of payment
   1.   The Agency shall issue an invoice for the fees and charges due, within 30 calendar days of the date:

               (a)

               of the decision of the Agency or Board of Appeal; or

               (b)

               when the service rendered ended; or

               (c)

               of withdrawal of an application; or

               (d)

               of any other event leading to cessation of processing of an application.

         2.   The invoice shall detail:

               (a)

               the number of hour spent by the Agency; and

               (b)

               where relevant, the costs charged per NSA responsible. These shall be specified in relation to task and time spent or in form of fixed rates applied to the processing of the national part of the application.

         3.   The NSAs shall provide the Agency with a statement of costs for their contribution to be included in the invoice issued by the Agency, at the latest when the Agency requests it. The statement of costs shall detail how these costs have been calculated.
   4.   Payment of the fees and charges shall be denominated and payable in euro.
   5.   The Agency shall notify applicants of the decision and issue the invoice via the one-stop shop referred to in Article 12 of Regulation (EU) 2016/796.
   6.   The Agency may invoice interim amounts every 6 months.
   7.   Payment of the fees and charges shall be made by means of transfer to the Agency's bank account indicated for that purpose.
   8.   Applicants shall ensure that the Agency receives payment of the amounts due, including any bank charges related to that payment, within 60 calendar days from the date of notification of the invoice.
   9.   Where the applicant is a small or medium-sized enterprise, the Agency shall take into account requests for a reasonable extension of the time limit for payment and payment by instalments.
   For the purposes of this Regulation, small or medium-sized enterprise means an enterprise which employs fewer than 250 persons and which has an annual turnover not exceeding EUR 50 million or an annual balance sheet total not exceeding EUR 43 million.
   10.   NSAs shall receive reimbursement of cost incurred for processing the national part of the applications within the deadlines referred to in paragraphs 8 and 9.
   Article 6
   Failure to pay
   1.   Where the Agency has not received the payment within the periods laid down in Article 5(8) and (9), it may charge interest for each additional calendar day until the payment is received and shall apply the recovery rules provided for in Article 80 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6).
   2.   The interest rate shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the due date falls, increased by eight percentage points.
   3.   Where the Agency has evidence that the applicant's financial ability is at risk, it may reject an application unless the applicant provides a bank guarantee or secured deposit.
   4.   The Agency may reject a new application, where the applicant has not fulfilled its payment obligations arising out of previous authorisation, certification and approval tasks or services performed by the Agency, unless the applicant pays for the outstanding amounts due for those authorisation, certification and approval tasks or services provided.
   5.   The Agency shall take all appropriate legal steps to ensure full payment of invoices issued. To this end, NSAs which have submitted a statement of cost for reimbursement shall support the Agency in this process.
   Article 7
   Appeal and fees for appeal
   1.   The Agency shall levy a fee in respect of any appeal which is dismissed or withdrawn.
   2.   The appeal fee shall be EUR 10 000 or equal to the amount of the fee charged for the decision appealed against, whichever is lower.
   3.   The Registrar of the Board of Appeal shall inform the appellant of the conditions of payment. The appellant shall have 30 calendar days for payment from the date of notification of the invoice.
   4.   An applicant may appeal against the invoiced fees and charges to the Board of Appeal.
   Article 8
   Publication and revision of the rates
   1.   The Agency shall publish its hourly rate, referred to in Article 3, on its website.
   2.   The NSA shall publish the rates relevant for establishing the costs charged to the Agency referred to in Article 3(1)(b). Where the NSA applies a fixed rate it shall specify to which authorisation and certification case the fixed rate will apply.
   3.   The website of the Agency shall contain a link to that information.
   4.   The Agency shall include in the annual report referred to in Article 51(1)(a) of Regulation (EU) 2016/796 information on the elements serving as a basis for the hourly rate, the financial results and the forecasts.
   Article 9
   Procedures of the Agency
   1.   In order to distinguish the revenue and expenditure from the activities subject to fees and charges referred to in Article 1(1), the Agency shall:

               (a)

               receive and keep the fees and charges generated income in a separate bank account;

               (b)

               annually report on the total revenue and expenditure attributable to the activities subject to fees and charges as well as the cost structure and performance.

         2.   If at the end of a financial year the overall revenue from fees and charges exceeds the overall cost of the activities subject to fees and charges, the excess shall be kept in a budgetary reserve and shall be used to deal with surpluses or deficits in accordance with the Agency's Financial Regulation.
   3.   The sustainability of income from activities subject to fees and charges shall be ensured.
   Article 10
   Evaluation and revision
   1.   The regime for fees and charges shall be subject to an assessment once every financial year. This assessment shall be based on the Agency's previous financial results and its estimate of expenditure and revenue. It shall also be related to the Agency's Single Programming Document.
   2.   The Commission shall on the basis of the assessment of financial results and forecasts of the Agency, revise fees and charges, if necessary.
   3.   In light of the information provided by the Agency in its annual report referred to in Article 8, this Regulation shall be reviewed at the latest by 16 June 2022 with a view to the progressive introduction of fixed fees.
   Article 11
   Transitional provisions
   In the cases referred to in Article 55(4) of Regulation (EU) 2018/545 and in Article 15(4) of Implementing Regulation (EU) 2018/763, the work done before the submission of the application to the Agency shall not be covered by fees and charges in this Regulation and shall be subject to national legislation.
   Article 12
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 16 February 2019.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 May 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 138, 26.5.2016, p. 1.

      (2)  Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).

      (3)  Commission Implementing Regulation (EU) 2018/763 of 9 April 2018 establishing practical arrangements for issuing single safety certificates to railway undertakings pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council, and repealing Commission Regulation (EC) No 653/2007 (see page 49 of this Official Journal).

      (4)  Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).

      (5)  Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (OJ L 90, 6.4.2018, p. 66).

      (6)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).