2 Amendments of Daniel CASPARY related to 2011/0137(COD)
Amendment 16 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Transit through the customs territory of the Union and possible diversion onto the internal market of goods suspected of infringing intellectual property rights, and in particular of counterfeit goods, entail not only considerable losses for legitimate Union businesses but also health and safety risks for consumers. Customs authorities should therefore be empowered to inspect and detain any suspected goods by way of precaution. In order to assess the substantial likelihood of such diversion, customs authorities should take into account circumstances such as an offer for sale or advertising of the goods directed at Union consumers, a lack of information on the manufacturer or consignor of the goods or a lack of information on their destination or consignee. Where the diversion onto the internal market of a counterfeit product nevertheless cannot be ruled out, customs authorities should also be empowered to detain the product concerned where it poses clear health and safety risks for consumers.
Amendment 25 #
Proposal for a regulation
Article 2 – point 7 – point a
Article 2 – point 7 – point a
(a) goods which are subject of an action infringing an intellectual property right under the law of the Union or of that Member State or where it cannot be ruled out that they are the subject of such an action, and which at the same time pose a clear threat to the health or safety of consumers;