tag:blogger.com,1999:blog-5574479.post7812807390034499087..comments2024-03-29T09:21:58.696+00:00Comments on The IPKat: The New European Customs Regulation and Goods in TransitVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-62587430533148631392013-07-08T18:34:27.633+01:002013-07-08T18:34:27.633+01:00The wording in the new Regulation is definitely mo...The wording in the new Regulation is definitely more helpful although ultimately customs can only detain where they believe there is suspicion of an infringement. If in doubt customs can make polite enquiries of the right holder (without disclosing nominal data) and if the right holder indicates that it is possible to construct a case then the goods can be detained. If it is not possible to initiate proceedings based on the evidence then it will, in my opinion, be impossible for customs to detain (there must first be suspicion). <br /><br />I think this will be more useful in dealing with economic operators who use customs regimes such as warehouse or inward processing as in such cases someone in the EU has a financial stake. It is perhaps less useful in the traditional transhipment cases where the goods may only land for a very short time. <br /><br />It will not possible for customs to knowingly detain grey market goods (including production overruns)owing to Article 1(5. If by chance they detain parallel goods once their status is confirmed they will have to release them and it would be rather perverse if Art 21 (a) allowed data disclosed to be used to initiate proceedings.Anonymousnoreply@blogger.com