16/09/20

Enforcement of IP rights at the EU borders

THE EORI NUMBER IS NOW MANDATORY TO FILE, MODIFY AND RENEW AN APPLICATION FOR ACTION

In the new Commission Implementing Regulation 2020/1209 of 13 August 2020, the Commission makes the detention of an EORI number a mandatory prerequisite for the filing, modification or renewal of any application for action in the European Union. 

As of 15 September 2020, in the absence of an EORI number, requests from right holders or their representatives for any filing, modification or renewal of applications for action will not be processed. 

Rights holders and their representatives should therefore anticipate this change and request their EORI number regardless of the date of filing of their application for action. 

WHAT IS AN EORI NUMBER?

EORI stands for “Economic Operator Registration and Identification number”. It is a number, unique throughout the Union, assigned by a customs authority in a Member State. 

The EORI number is used to identify businesses and people when they deal with customs authorities. Each economic operator receives an unique EORI number. 

WHO WILL HAVE TO OBTAIN AN EORI NUMBER?

Any businesses wishing to file, modify or renew any application for action will have to obtain an EORI number. It will be mandatory for the applicant as well as for its representative. 

WHY SHOULD I REQUEST AN EORI NUMBER AS OF NOW?

As of 15 September, in the absence of an EORI number, the filing, modification or renewal of applications for action will be automatically rejected.  

DO I ALREADY HAVE AN EORI NUMBER?

Before submitting an application, you must check whether you already have an EORI number.

For example, economic operators established in Belgium have a unique company number attributed by the Central Bank of Entreprises (e.g. 0473.627.046). In order to find your EORI number, you must add the letters “BE” in front of the numbers without any spaces nor dots (e.g. BE0473627046). 

In order to check the validity of your EORI number, you must visit the website of the European Commission and enter the proposed EORI number (see here).

If the following message appears: "This EORI number is valid", it means that your EORI number exists and is valid. You do not need to submit a new application.

WHERE SHOULD I APPLY ?

An economic operator established in the customs territory of the European Union has to be registered with the customs authority competent for the place where it is established. 

If the economic operator is established outside the EU, the application for an EORI number must be submitted in the Member State where the economic operator first carries out customs activities. 

The EORI number is free of charge and its issuance is dematerialized.

Don’t hesitate to contact us in case of further questions.

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