No L 133/2 Official Journal of the European Communities 17. 6. 95 COMMISSION REGULATION (EC) No 1367/95 of 16 June 1995 laying down provisions for the implementation of Council Regulation (EC) No 3295/94 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3295/94 of 22 December 1994 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods, and in particular Articles 12, 13 and 14 thereof (), Whereas Regulation (EC) No 3295/94 introduced common rules with a view to prohibiting the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods and dealing effectively with the illegal marketing of such goods without impeding the freedom of legitimate trade; Whereas the nature of the proof of ownership of intellec- tual property required by the second indent of the first subparagraph of Article 3 (2) of Regulation (EC) No 3295/94 should be established ; Whereas Article 14 of Regulation (EC) No 3295/94 provides that Member States are to communicate to the Commission all relevant information for applying that Regulation and that the Commission is to communicate that information to the other Member States ; whereas the procedure for exchanging that information should be laid down ; Whereas Commission Regulation (EEC) No 3077/87 () should be repealed ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, HAS ADOPTED THIS REGULATION : Article 1 For the purposes of Article 1 (2) (c) of Regulation (EC) No 3295/94, hereinafter referred to as ‘the basic Regulation’ the holder of a right or any other person authorized to use () OJ No L 341, 30. 12. 1994, p. 8. () OJ No L 291, 15. 10. 1987, p. 19. the right may be represented by a natural or legal person ; such a person includes a collecting society which has as its sole or principal purpose the management or adminis- tration of copyrights or neighbouring rights. Article 2 The proof that the applicant holds one of the rights referred to in points (a) and (b) of Article 1 (2) of the basic Regulation, which must be submitted when applying for action in accordance with the second indent of the first subparagraph of Article 3 (2) of that Regulation, shall be as follows : (a) where the holder of the right applies himself : — in the case of a right that is registered or for which an application has been lodged (trademark or design right): proof of registration with the rele- vant office or lodging of the application, — in the case of a copyright, neighbouring rights or design right that is unregistered or for which an application has not been lodged: any proof of authorship or of his status as original holder; (b) where the application is made by any other person authorized to use one of the rights referred to in points (a) and (b) of Article 1 (2) of the basic Regula- tion in addition to the proof required under (a) hereof : the document by virtue of which the person is authorized to use the right in question ; (c) where a representative of the holder or of any other person authorized to use one of the rights referred to in points (a) and (b) of Article 1 (2) of the basic Regu- lation applies : in addition to the proof required under (a) and (b) hereof, proof of authorization to act. Article 3 The pertinent information referred to in the second subparagraph of Article 3 (2) of the basic Regulation shall include particulars of the goods, notably their value and their packaging, plus any information that could help distinguish them from goods for which there is a protected right. under the terms of the second subpara- graph of Article 3 (2), this information should be as detailed as possible to enable the customs authorities, using risk analysis, to identify suspect consignments accu- rately and without excessive effort.