31969R1788

Official Journal of the European Communities 387

No L 230/8 Official Journal of the European Communities 11.9.69

REGULATION (EEC) No 1788 /69 OF THE COMMISSION of 10 September 1969

determining certain exceptions within the meaning of Article 3 (2) of Council Regulation (EEC) No 803/68

THE COMMISSION OF THE EUROPEAN COM­ Whereas, in particular, the value of the right to use a MUNITIES , trade mark which is not to be treated as a foreign trade mark and belongs to a person established in a Member State should not be included in the value for Having regard to the Treaty establishing the European Economic Community; customs purposes when, for practical reasons, such trade mark was affixed in a foreign country at the Having regard to Council Regulation (EEC) No request of that person to goods purchased by him 803 /68 1 of 27 June 1968 on the valuation of goods bearing no trade mark; whereas such a case should for customs purposes, and in particular Articles 3 (2) not be treated differently from the case in which a and 17 thereof; trade mark not treated as a foreign trade mark is affixed to goods after importation; Whereas Regulation (EEC) No 803/68 lays down , in particular in Article 3 ( 1 ) thereof, that when the goods to be valued are imported under a trade mark Whereas when the right to use a foreign trade mark or are imported for sale, other disposal or use under gives rise to payment of a royalty the amount thereof a foreign trade mark, the normal price is to be must be included in the value for customs purposes ; determined on the assumption that it includes the whereas, on the other hand, when the payment of value of the right to use the trade mark in respect of such royalty is not required and the trade mark such goods ; owned by a person established in a Member State is to be treated as a foreign trade mark by reason of the Whereas Article 3 (7) of that Regulation provides business association existing between him and the that a trade mark is to be treated as a foreign trade supplier of the goods to be valued, the value of that mark for purposes of that Article if it is the mark of: right should not, in certain cases and under certain conditions, be included in the value for customs (a) any person by whom the goods to be valued have purposes ; been grown, produced, manufactured or offered for sale, or otherwise dealt with, outside the customs territory of the Community; or Whereas the application of such exceptions is justified when goods are imported for the purpose of (b) any person who is associated in business with sale, other disposal or use under a foreign trade mark any of the persons referred to under ( a); or after subsequent manufacture or processing; whereas (c) any person whose rights in the mark are Article 3 (3 ) of the above-mentioned Regulation is restricted by an agreement with any person worded in such manner that it must be given the referred to under (a) or (b); 1 same field of application as Article 3 (1 );

Whereas, where the right to use the trade mark belongs to a person established in a Member State, Whereas it is important to ensure uniform application the application of Article 3 ( 1 ) and (7) of that of the provisions of Regulation (EEC) No 803 /68 in Regulation may lead to a valuation which in certain the matter and to adopt all necessary provisions to cases is difficult to justify; whereas the exceptions that end; which may be made under Article 3 (2) must aim to avoid such results ; Whereas the provisions of this Regulation are in accordance with the Opinion of the Customs 1 OJ No L 148, 28.6.1968, p . 6. Valuation Committee;

388 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : (b) The trade mark is that of a person established in a Member State who is associated in business with the supplier of the goods to be valued but Article 1 who also imports for sale under the same trade mark, identical goods obtained in the open The value of the right to use a trade mark which is market, as provided for in Article 1 ( 1 ) of not treated as a foreign trade mark within the Regulation (EEC) No 803/68 ; meaning of Article 3 (7) of Regulation (EEC) No 803 /68 shall not be included in the value for customs (c) The trade mark is that of a person established in a Member State whose business association with purposes, where such trade mark is that of a person established in a Member State, if that person is the the supplier of the goods to be valued stems importer of the goods and the mark was affixed solely from the fact that a third party has a share abroad at his request. in the property of both, if such association has no influence whatsoever on transactions involving the goods in question; Article 2 (d) The trade mark is that of a person established in a Member State whose business association with 1 . In so far as the right to use a trade mark treated the supplier of the goods to be valued stems as a foreign trade mark within the meaning of Article solely from the fact that he has granted a loan to 3 (7) of Regulation (EEC) No 803/68 does not entail the supplier, or has received a loan from him, or the payment of any royalty, the value of such right that both have received a loan from a third party, shall not be included in the value for customs if such association has no influence whatsoever purposes where one or more of the following on transactions involving the goods in question. conditions ,are satisfied : 2. The rules set out in paragraph 1 shall also apply (a) The trade mark is that of a sole agent or sole where goods are imported for sale, other disposal or concessionaire established in a Member State, use, under a foreign trade mark, after subsequent there is no business association between the agent manufacture or processing. or concessionaire and the supplier of the goods to be valued other than the relationship created Article 3 by the agency or concession and the rights of the agent or concessionaire in the trade mark are not restricted within the meaning of Article 3 (7) (c) This Regulation shall enter into force on 1 January of Regulation (EEC) No 803/68 ; 1970.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 10 September 1969.

For the Commission The President

Jean REY