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Commission Implementing Regulation (EU) 2016/323 CHAPTER IV — COMMON PROVISIONS ON THE EXCHANGE OF INFORMATION

Article 15–Article 16 · 2 articles

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

Unavailability of the computerised system and the use of the fall-back mutual administrative assistance document

Article 15

1.   For the purposes of Article 15(4) of Regulation (EU) No 389/2012, Member States may consider the computerised system to be unavailable in the following circumstances: (a) the computerised system is unavailable due to hardware or telecommunication failures; (b) network problems occur which are not under the direct control of the Commission or the Member State concerned; (c) force majeure; (d) scheduled maintenance notified at least 48 hours before the planned start of the maintenance period. 2.   For the purposes of the second subparagraph of Article 9(1) and Article 15(4) of Regulation (EU) No 389/2012 the fall-back mutual administrative assistance document shall identify the type of mutual administrative assistance document that it is replacing. The requisite information shall be drawn up as set out in the tables of Annex I to this Regulation in the form of data elements, expressed in the same manner as in the mutual administrative assistance document. All data elements and data groups and subgroups to which those data elements belong shall be identified by numbers and letters referred to in columns A and B of the corresponding tables of Annex I. The fall-back mutual administrative assistance document shall be exchanged by any means agreed between the competent authorities concerned. 3.   As soon as the availability of the computerised system is restored, the information exchanged in accordance with paragraph 2 shall be sent using the computerised system in the form of the appropriate mutual administrative assistance documents.

Feedback on follow-up action taken as a result of exchange of information

Article 16

1.   A request for feedback in accordance with Article 8(5), Article 15(2) or Article 16(2) of Regulation (EU) No 389/2012 shall include at least the following information: (a) the follow-up correlation ID of the relevant mutual administrative assistance document sent by the competent authority requesting feedback, as set out in code list 1 of Annex II to this Regulation; (b) the date or dates on which the information was provided. 2.   For the purposes of Article 8(5), Article 15(2) and Article 16(2) of Regulation (EU) No 389/2012, feedback on follow-up action shall include at least the following information: (a) the follow-up correlation ID of the mutual administrative assistance document sent by the competent authority requesting feedback, as set out in code list 1 of Annex II to this Regulation; (b) the identity of the competent authority providing the feedback; (c) information on follow-up action taken on the basis of the information provided. 3.   Feedback shall be requested and provided using the CCN secure mail system.

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