Article 1

1. This Regulation sets out the conditions and procedures for action by the customs authorities where goods suspected of infringing an intellectual property right are, or should have been, subject to customs supervision or customs control within the customs territory of the Union in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (10), particularly goods in the following situations:
(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.

 

2. In respect of the goods subject to customs supervision or customs control, and without prejudice to Articles 17 and 18, the customs authorities shall carry out adequate customs controls and shall take proportionate identification measures as provided for in Article 13(1) and Article 72 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 intellectual property rights.

 

3. This Regulation shall not apply to goods that have been released for free circulation under the end-use regime.

 

4. This Regulation shall not apply to goods of a non-commercial nature contained in travellers’ personal luggage.

 

5. This Regulation shall not apply to goods that have been manufactured with the consent of the right-holder or to goods manufactured, by a person duly authorised by a right-holder to manufacture a certain quantity of goods, in excess of the quantities agreed between that person and the right-holder.

 

6. This Regulation shall not affect national or Union law on intellectual property or the laws of the Member States in relation to criminal procedures.

 

 

(10) OJ L 302, 19.10.1992, p. 1.