Have you got your EORI number? New requirement for trademark owners interested in customs applications for action

EU Regulation 2020/1209 amending Regulation 1352/2013has introduced significant changes to the requirements for customs detention in the European Union in an effort to increase security surrounding the exchange of sensitive information. Since 15 September 2020, an individual registration and identification (EORI) number has been mandatory for the submission, amendment and extension of customs applications for action.

As of 15 September 2020, entities wishing to detain goods that infringe their trademark rights in the European Union must enter their EORI number when filing an application requesting that Customs take action with regard to the suspect goods. Without this number, trademark owners are unable to carry out any customs procedure, regardless of whether it is an application for action or for an extension of the period in which the authorities take action.

An economic operator has one EORI number only, which is valid throughout EU territories and assigned by the customs authorities of a member state. Forms can be submitted electronically through the new EU customs portal.

The EORI number system has been operating since at least 2010 and it is likely that all rights holders, particularly companies currently trading in the European Union, already have an EORI number. Rights holders should therefore check internally with the corresponding department to determine whether this is the case.

In Poland, the registration process is carried out through the electronic Integrated Commodity Trading Entrepreneurs’ Registration System. Applications are submitted via the Platform for Electronic Tax and Customs Services. An account must be opened by a natural person authorised to act on behalf of the entrepreneur before the National Tax Administration. The procedure consists of several stages and requires multiple rounds of authentication and confirmation by the authority. Therefore, the process of obtaining an EORI number may take several days. It should also be noted that a natural person who has not signed the application with a qualified certificate or an Electronic Platform of Public Administration Services-trusted profile must present an identity card or other document confirming their identity at the nearest customs and tax office, customs and tax office delegation or customs department. This can make the whole process longer. The application and the procedure are free of charge.