Community
Provisions (Goods Suspected of Infringing Intellectual Property Rights)
(Jersey) Regulations 2014
THE STATES, in pursuance of Article 2
of the European Communities Legislation (Implementation) (Jersey) Law 1996,
have made the following Regulations –
Commencement [see endnotes]
1 Interpretation
(1) In these Regulations,
“the EU Regulation” without more and unless otherwise indicated
means 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 (OJ L 181, 29.6.2013, p.15).
(2) Expressions used in
these Regulations which also occur in the EU Regulation shall be construed for
the purposes of these Regulations as they are for the purposes of the EU
Regulation.
(3) In these Regulations,
“the 1999 Law” means the Customs and Excise (Jersey)
Law 1999, and “Agent of the Impôts”, “assigned
matter” and “officer of the Impôts” have the same
meanings as is given to those expressions by that Law.
2 Application
(1) Subject to paragraph (2),
the EU Regulation has full force and effect in Jersey.[1]
(2) For the purpose of the
EU Regulation, as given effect by paragraph (1) –
(a) a
reference to a member state or to the European Union is to be read as being a
reference to Jersey;
(b) a
reference to the customs territory of the European Union is to be read as being
a reference to the corresponding territories, for the purpose of a Jersey
arrangement, within the meaning of those expressions in the EU Legislation (Customs
Union, Import and Export Control) (Jersey) Regulations 2018; and
(c) a
reference to any provision of an enactment of the European Union relating to
customs is to be read as being a reference to any corresponding provision, for
the purpose of such a Jersey arrangement, of an enactment of Jersey.[2]
3 Competent
customs department
The Agent of the Impôts is the competent customs department in
Jersey for the purposes of the EU Regulation.
4 Relationship
with the 1999 Law
(1) The implementation of
the EU Regulation is an assigned matter for the purposes of the 1999 Law.
(2) Powers to detain,
suspend the release of, or destroy any goods conferred under the EU Regulation
shall not derogate from any similar powers conferred on the Agent of the
Impôts or officers of the Impôts by the 1999 Law or
otherwise.
(3) Article 58(2) of
the 1999 Law shall have effect, for the purpose of implementation of
the EU Regulation, as though –
(a) after
the words “under this Law” in each place in which they occur there
were inserted the words “or under applicable Union provisions”; and
(b) at
the end of Article 58 there were added the following
paragraph –
“(5) In paragraph (2),
‘applicable Union provisions’ means any of Articles 17, 18, 19,
23 or 26 of 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.”.
(4) The implementation of
the EU Regulation does not affect the power of any court to grant relief,
including interim relief.
5 Citation
These Regulations may be cited as the Community Provisions (Goods
Suspected of Infringing Intellectual Property Rights) (Jersey)
Regulations 2014.