Croatia Amends Customs Regulations

Ahead of Croatia’s EU accession, certain amendments were introduced and implemented with respect to the customs regulations and customs enforcement proceedings in Croatia.

As of July 1, 2013, the following EU regulations apply in Croatia:

• Council Regulation (EC) No. 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights;

• Commission Regulation (EC) No. 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No. 1383/2003 concerning customs procedures in connection with goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to violate such rights; and

• Commission Regulation (EC) No. 1172/2007 of 5 October 2007 amending Commission Regulation (EC) No. 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No. 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights.

The rights holders now have an option to either file the request for the national customs watch application or to file the request for the extension of the existing EU customs watch application to Croatia, while appointing a local representative in Croatia as a contact.

In order to facilitate the procedure, on June 19, 2013, the head of the Croatian Customs Administration issued the instructions/guidelines on customs measures for the enforcement of intellectual property rights (Instructions/guidelines 35/13), defining the actions customs officials should take related to the enforcement of intellectual property rights.

Upon Croatia’s accession to the EU, the Law on Customs Regulations of the European Union (Official Gazette No. 54/13) also became applicable in Croatia, Part 6 and Articles 52 to 59 of which are related to the provisions on customs measures against goods suspected of infringing certain intellectual property rights.

In addition, Regulation (EU) No. 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No. 1383/2003 will become applicable in Croatia, and elsewhere in the EU, on January 1, 2014.

Prepared by: Jadranka Barisic

For more information, please contact croatia@petosevic.com.

Source: Croatian Customs Administration