Article 6

1. The Commission shall establish an application form by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 34(2).

 

2. The application form shall specify the information that has to be provided to the data subject pursuant to Regulation (EC) No 45/2001 and national laws implementing Directive 95/46/EC.

 

3. The Commission shall ensure that the following information is required of the applicant in the application form:
(a) details concerning the applicant;
(b) the status, within the meaning of Article 3, of the applicant;
(c) documents providing evidence to satisfy the competent customs department that the applicant is entitled to submit the application;
(d) where the applicant submits the application by means of a representative, details of the person representing him and evidence of that person’s powers to act as representative, in accordance with the legislation of the Member State in which the application is submitted;
(e) the intellectual property right or rights to be enforced;
(f) in the case of a Union application, the Member States in which customs action is requested;
(g) specific and technical data on the authentic goods, including markings such as bar-coding and images where appropriate;
(h) the information needed to enable the customs authorities to readily identify the goods in question;
(i) information relevant to the customs authorities’ analysis and assessment of the risk of infringement of the intellectual property right or the intellectual property rights concerned, such as the authorised distributors;
(j) whether information provided in accordance with point (g), (h) or (i) of this paragraph is to be marked for restricted handling in accordance with Article 31(5);
(k) the details of any representative designated by the applicant to take charge of legal and technical matters;
(l) an undertaking by the applicant to notify the competent customs department of any of the situations laid down in Article 15;
(m) an undertaking by the applicant to forward and update any information relevant to the customs authorities’ analysis and assessment of the risk of infringement of the intellectual property right(s) concerned;
(n) an undertaking by the applicant to assume liability under the conditions laid down in Article 28;
(o) an undertaking by the applicant to bear the costs referred to in Article 29 under the conditions laid down in that Article;
(p) an agreement by the applicant that the data provided by him may be processed by the Commission and by the Member States;
(q) whether the applicant requests the use of the procedure referred to in Article 26 and, where requested by the customs authorities, agrees to cover the costs related to destruction of goods under that procedure.