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Commission Implementing Regulation (EU) 2016/323 CHAPTER III — EXCHANGE OF INFORMATION WITHOUT PRIOR REQUEST

Article 9–Article 14 · 6 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Optional exchange of information

Article 9

1.   In cases other than those referred to in paragraph 2, optional exchange of information provided for in Article 16 of Regulation (EU) No 389/2012 shall be carried out using an ‘Administrative cooperation results’ document, as set out in Table 10 of Annex I to this Regulation. 2.   Where the optional exchange of information concerns the results of a documentary or physical control of goods during a movement, the results shall be sent using a ‘Control report’ document, as set out in Table 11 of Annex I.

Mandatory exchange of information — goods under excise duty suspension covered by the provisions of Chapter III of Directive 2008/118/EC or goods received by a registered consignee

Article 10

Where one of the cases referred to in points (a) to (e) of Article 15(1) of Regulation (EU) No 389/2012 is detected as a result of a documentary or physical control of goods at the premises of a registered consignee within the meaning of Article 4(9) of Directive 2008/118/EC (hereinafter referred to as ‘registered consignee’) or of an authorised warehouse keeper within the meaning of Article 4(1) of that Directive (hereinafter referred to as ‘authorised warehouse keeper’), the mandatory transmission of the necessary information shall be carried out using an ‘Administrative cooperation results’ document, as set out in Table 10 of Annex I to this Regulation. The ‘Administrative cooperation results’ document shall be sent to the competent authorities in the Member State concerned within seven days of the control.

Mandatory exchange of information — control report

Article 11

Where one of the cases referred to in points (a) to (e) of Article 15(1) of Regulation (EU) No 389/2012 is detected as a result of a documentary or physical control of goods during a movement, the mandatory transmission of the control report shall be carried out using a ‘Control report’ document, as set out in Table 11 of Annex I to this Regulation. The ‘Control report’ document shall be sent to the competent authorities in the Member States concerned within seven days of the control.

Mandatory exchange of information — definitive interruption of a movement

Article 12

Where a competent authority becomes aware of the definitive interruption of a movement due to one of the cases referred to in points (a) to (e) of Article 15(1) of Regulation (EU) No 389/2012, the mandatory transmission of that information shall be carried out using an ‘Interruption of movement’ document, as set out in Table 13 of Annex I to this Regulation. The ‘Interruption of movement’ document shall be sent to the competent authorities in the Member States concerned within one day of the moment when the competent authority referred to in the first paragraph becomes aware of the definitive interruption.

Mandatory exchange of information — alert or rejection notification

Article 13

Where a competent authority becomes aware that goods under excise duty suspension dispatched to a registered consignee or an authorised warehouse keeper had not been requested, or that the content of the electronic administrative document concerning goods under excise duty suspension dispatched to a registered consignee or an authorised warehouse keeper is incorrect, and the competent authority suspects that this is due to one of cases referred to in points (a) to (c) or (e) of Article 15(1) of Regulation (EU) No 389/2012, it shall send an ‘Alert or rejection of an e-AD’ document, as set out in Table 14 of Annex I to this Regulation, to the competent authority of the Member State of dispatch. The ‘Alert or Rejection of an e-AD’ document shall be sent to the competent authority of the Member State of dispatch within one day of the moment when the competent authority becomes aware of the facts referred to in the first paragraph.

Mandatory exchange of information — event reports

Article 14

Where a competent authority becomes aware of facts concerning a movement other than those set out in Articles 10, 11, 12 or 13 and the competent authority suspects that they relate to one of the cases in points (a) to (e) of Article 15(1) of Regulation (EU) No 389/2012, the mandatory transmission of the necessary information shall be carried out using an ‘Event report’ document, as set out in Table 12 of Annex I to this Regulation. The ‘Event report’ document shall be sent within seven days of the moment when the competent authority becomes aware of the facts referred to in the first paragraph.

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