L 30816 Official Journal of the European Communities 3.12.1999 COMMISSION REGULATION (EC) No 2549/1999 of 2 December 1999 amending Regulation (EC) No 1367/95 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 concerning the entry into the Community and the export and re-export from the Community of goods infringing certain intellectual property rights ('), as amended by Regulation (EC) No 241/1999 (), Whereas: (1)  In order to ensure a uniform form for applications for action related to a Community trade mark as defined in Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (}), as amended by Regulation (EC) No 3288/94 (%), it is necessary to deter- mine the conditions of establishment, issue and use, required in order for the form to be easily recognised and used throughout the Community. It is appropriate for this purpose to establish the model to which that form must conform. (2)  The form should be drawn up in one of the official languages of the Community. (3)  Commission Regulation (EC) No 1367/95 (°) should be amended accordingly. (4)  The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee established by Article 247 of Council Regu- lation (EEC) No 2913/92 of 12 October 1992 estab- lishing the Community Customs Code (¢), as last amended by Regulation (EC) No 955/1999 of the Euro- pean Parliament and of the Council (), HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1367/95 is amended as follows: 1. The title is replaced by the following: ‘Commission Regulation (EC) No 136795 of 16 June 1995 laying down provisions for the implementation of Council Regulation (EC) No 3295/94 laying down measures 341, 30.12.1994, p. 8. 27, 2.2.1999, p. 1. 11, 14.1.1994, p. 1. 349, 31.12.1994, p. 83. 133, 17.6.1995, p. 2. 302, 19.10.1992, p. 1. 119, 7.5.1999, p. 1. STS B LLoLeene e 3 Slelrlslewe concerning the entry into the Community and the export and re-export from the Community of goods infringing certain intellectual property rights.’ . In Article 1, ‘For the purposes of Article 1(2)(c) of Regula- tion (EC) No 3295/94 is replaced by ‘For the purposes of Article 1(2)(b) of Regulation (EC) No 3295/94. . Article 2 is replaced by the following: ‘Article 2 The evidence that the applicant holds an intellectual prop- erty right referred to in Article 1(2)(a) of the basic Regula- tion, 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 makes himself the applica- tion: — in the case of a right that is registered or for which an application has been lodged, proof of registration with the relevant office or lodging of the application, — in the case of a copyright, neighbouring right or design right which is not registered or for which an application has not been lodged, any evidence of authorship or of his status as original holder; (b) where the application is made by any other person authorised to use one of the rights referred to in Article 1(2)(a) of the basic Regulation, in addition to the proof required under point (a) of this Article, the document by virtue of which the person is authorised to use the right in question; (c) where a representative of the holder or of any other person authorised to use one of the rights referred to in Article 1(2)(a) of the basic Regulation applies, in addi- tion to the proof required under points (a) and (b) of this Article, proof of authorisation to act. . The following Article 2a is inserted: ‘Article 2a 1. The form on which the application for action referred to in Article 3(1), second subparagraph, of the basic Regula- tion, as well as the Decision granting the application referred to in Article 3(5) of the basic Regulation, shall conform to the specimen shown in the Annex to this Regulation.