Introduction of the now mandatory Economic Operators Registration and Identification (EORI) number

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An Economic Operators Registration and Identification (EORI) number is mandatory for brand owners in the European Union wishing to exchange information with the Customs authorities, effective September 15, 2020. Regulation (EU) No. 2020/1209 was published on August 13, 2020, as an amendment to Regulation (EU) No. 1352/2013, which established the forms required for filing any Application for Action or Renewal. This Regulation implements Regulation (EU) No. 608/2013 concerning customs enforcement of intellectual property rights. Businesses and people wishing to trade must now use the EORI number as an identification number in all customs procedures when exchanging information with customs administrations. The changes appear to be motivated by the following: The EU Customs Trader Portal for electronic submission of the forms, which requires that portal applicants and their representatives need to be identified in a unique manner to allow for secure access. For that reason, the EORI number will become a mandatory field for the applicant and its representative in the forms; brand owners and their representatives are well advised to obtain a EORI registration as soon as possible; and issues of data protection, taking into account the entry into force of Regulations (EU) 2016/679 and (EU) 2018/1725 which post-date Regulation (EU) 1352/2013, thereby necessitating updates with regard to the latter. The most far-reaching net effect of these changes is that the EORI number must be indicated in the new standard forms required for submission whenever a rights holder submits an Application for Action (or an annual renewal thereof) to a customs authority located in the EU. This clearly implies that any operator (whether the rights holder or its representative) not in possession of an EORI number might be unable to successfully submit such documentation starting September 15, 2020.

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