Geography Reference
In-Depth Information
the authority to order that goods that they have found to be infringing be,
without compensation of any sort, disposed of outside the channels of com-
merce in such a manner as to avoid any harm caused to the right holder'. Thus
confiscation of infringing goods seems to be a category of deterrent remedy.
H. EXCHANGE OF INFORMATION
Recital (27) to the Customs Regulation explains that the exchange of infor-
mation relating to decisions on applications and to customs actions should be
made via a central electronic database. The entity which will control and
manage that database and the entities in charge of ensuring the security of the
processing of the data contained in the database should be defined. Introducing
any type of possible interoperability or exchange should first and foremost
comply with the purpose limitation principle, namely that data should be used
for the purpose for which the database has been established, and no further
exchange or interconnection should be allowed other than for that purpose.
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Chapter V of the Customs Regulation deals with the exchange of information
between the Commission and competent customs authorities.
7.230
1. Exchange of data on decisions relating to applications and detentions
between the Member States and the Commission
(a) Notification of decisions by customs department to the Commission
Article 31(1) provides that the competent customs departments shall notify
without delay the Commission of the following:
7.231
(a) decisions granting applications, including the application and its attachments;
(b) decisions extending the period during which the customs authorities are to take
action or decisions revoking the decision granting the application or amending it;
(c) the suspension of a decision granting the application.
(b) Detail of information to be communicated
Article 31(2) provides that without prejudice to point (g) of Art 24 of
Regulation (EC) No 515/97,
120
where the release of the goods is suspended or
the goods are detained, the customs authorities shall transmit to the Commis-
sion any relevant information, except personal data, including information on
7.232
120
Council Regulation (EC) No 515/97 of 13 March 1997 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
c
ustoms and agricultural matters (OJ L 082, 22.03.1997 pp. 1-16).
Regulation 515/97 is the legal base for the establishment of the Customs Information System (CIS). Art 24
