Geography Reference
In-Depth Information
(a) when declared for release for free circulation, export or re-export;
(b) when entering or leaving the customs territory of the Union;
(c) when placed under a suspensive procedure or in a free zone or free warehouse.
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A number of these terms are described in the Community Customs Code. Thus
Art 4(14) of the Code defines as 'customs controls':
The specific acts performed by the customs authorities in order to ensure the correct
application of customs rules and other legislation governing the entry, exit, transit,
transfer and end-use of goods moved between the customs territory of the Community
and third countries and the presence of goods that do not have Community status; such
acts may include examining goods, verifying declaration data and the existence and
authenticity of electronic or written documents, examining the accounts of undertak-
ings and other records, inspecting means of transport, inspecting luggage and other
goods carried by or on persons and carrying out official inquiries and other similar acts.
(b)
Ex officio
border controls
As will be seen below, the border control regime established by the Customs
Regulation to interdict goods which may infringe IPRs for the most part is
initiated on the application of rights holders. However, Art 1(2) provides that in
respect of the goods subject to customs supervision or customs control, and
without prejudice to Arts 17 and 18, the customs authorities shall carry out
adequate customs controls and shall take proportionate identification measures
as provided for in Art 13(1)
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and Art 72
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of Regulation (EEC) No 2913/92 in
accordance with risk analysis criteria with a view to preventing acts in breach of
intellectual property laws applicable in the territory of the Union and in order to
cooperate with third countries on the enforcement of IPRs.
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Art 13(1) of the Customs Code provides that:
Customs authorities may, in accordance with the conditions laid down by the provisions in force, carry out
all the controls they deem necessary to ensure that customs rules and other legislation governing the entry,
exit, transit, transfer and end-use of goods moved between the customs territory of the Community and
third countries and the presence of goods that do not have Community status are correctly applied.
Customs controls for the purpose of the correct application of Community legislation may be carried out in
a third country where an international agreement provides for this.
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Art 72 of the Customs Code provides that:
1.
The customs authorities shall take the measures necessary to identify the goods where identification is
required in order to ensure compliance with the conditions governing the customs procedure for which
the said goods have been declared.
2.
Means of identification affixed to the goods or means of transport shall be removed or destroyed only
by the customs authorities or with their permission unless, as a result of unforeseeable circumstances or
force majeure, their removal or destruction is essential to ensure the protection of the goods or means of
transport.
