Post-shipment checks
1. A competent authority granting an export authorisation for listed goods may carry out post-shipment checks to ensure that the export thereof is in line with the commitments made in the user statement as set out in Annex IV, and that the goods have arrived at the planned final destination.
2. Competent authorities and customs authorities shall cooperate with each other and if necessary, with the authorities of third countries in order to verify compliance with the commitments made in the user statement as set out in Annex IV, and the arrival of the listed goods at the planned final destination. Post-shipment checks may be carried out, where appropriate, in third countries, provided that such third countries agree, through cooperation with the administrative authorities of those third countries. Member States may ask the Commission for support in carrying out such checks.
Exchange of information and cooperation between authorities
1. The Commission, competent authorities and customs authorities shall cooperate closely and shall exchange information to ensure the correct implementation of this Regulation.
2. The risk information, including risk analysis and control results, relevant for the enforcement of this Regulation and, in particular, in relation to the suspicion of illicit trafficking of listed goods shall be exchanged and processed as follows:
(a)
the information referred to in Article 46(5) of Regulation (EU) No 952/2013 shall be exchanged between customs authorities;
(b)
the information referred to in Article 47(2) of Regulation (EU) No 952/2013 shall be exchanged between customs authorities and the Commission;
(c)
the information referred to in Article 47(2) of Regulation (EU) No 952/2013 shall be exchanged between customs authorities and competent authorities, including competent authorities of other Member States.
3. The information exchange and processing set out in paragraph 2, points (a) and (b), of this Article shall be carried out by means of the system established for those purposes by Article 16(1) of Regulation (EU) No 952/2013. When customs authorities exchange confidential information, they shall also communicate that information, in accordance with Article 12 of Regulation (EU) No 952/2013, to the Commission and the competent authorities.
4. The information exchange between customs authorities and competent authorities shall be carried out by established national means or through the electronic licensing system.
5. Council Regulation (EC) No 515/97 ( 33 ) shall apply mutatis mutandis to measures under this Article.
Procedures at import and export
1. When completing customs formalities for listed goods, the declarant shall provide, in the customs declaration or re-export declaration, a reference to the authorisation granted by the competent authority under Articles 9, 11, 19 or 23, or the reference number provided by the competent authority in accordance with Article 22. When an ATA carnet is used to fulfil customs formalities, that information shall be provided in one of its parts.
2. All information and documentation necessary to demonstrate the conformity of the listed goods with this Regulation shall be provided by the importer or exporter, in accordance with the request of the competent authority, in an official language of the Member State where that competent authority is located, or in English.
3. When the interconnection referred to in Article 34(7) is operational, the customs authority shall verify, upon acceptance of a customs declaration or a re-export declaration for listed goods, the validity of the authorisation through the EU Single Window Environment for Customs. The verification shall take place electronically and automatically.
4. When the customs authority releases listed goods to a customs procedure or to re-export, the release shall be communicated electronically and automatically to the electronic licensing system through the EU Single Window Environment for Customs, once the interconnection referred to in Article 34(7) is operational. When listed goods are placed under a temporary admission procedure, are temporarily exported, or are re-exported using an ATA carnet, the customs authority shall register the information on the release of the goods in the electronic licensing system.
5. Without prejudice to any powers conferred on it under Regulation (EU) No 952/2013, a customs authority shall not release the listed goods to a customs procedure or to re-export, and shall within 24 hours inform, through established national means or the electronic licensing system, the competent authority which shall take a decision on the treatment of those goods, if the customs authority has a doubt that the goods fall under the scope of this Regulation, or has grounds for suspicion that:
(a)
relevant information was not taken into account when the authorisation was granted;
(b)
circumstances have materially changed since the authorisation was granted; or
(c)
in other circumstances, the listed goods do not comply with this Regulation.
The competent authority shall reply to the customs authority through established national means or through the electronic licensing system within 10 working days after receiving the information referred to in the first subparagraph of this paragraph. For duly substantiated reasons, that period may be extended to 30 working days. Where the competent authority does not respond within the relevant time limit, the customs authority shall release the listed goods in accordance with Article 194 of Regulation (EU) No 952/2013.
Detection of a non-compliant shipment
1. If a customs authority detects a shipment of listed goods that does not comply with the obligations set out in this Regulation, it shall take appropriate measures to ensure that those goods remain under customs supervision, and shall, within 24 hours, inform the competent authority thereof.
2. The competent authority shall decide within a period not exceeding 10 working days on the handling of those listed goods and inform the customs authority of its decision to allow the release of those goods or to take further action. For duly substantiated reasons, that period can be extended to 30 working days.
3. The customs authority shall ensure that the decision of the competent authority regarding listed goods under customs supervision is executed in accordance with the customs legislation.
4. Where the shipment of non-compliant listed goods was dispatched to or from another Member State, the competent authority of the Member State where the shipment of those goods was detected shall inform without delay, through the electronic licensing system, the competent authority of the Member State of dispatch or destination of the measures taken regarding those goods and the reasons therefor.
5. In the event of a reasonable suspicion of illicit trafficking of listed goods, the goods shall be seized or retained, and information related to the goods seized or retained during customs controls shall be shared by the customs authority without delay:
(a)
with the competent authority of the Member State of the customs authority; and
(b)
with the competent authorities of the Member States referred to in Article 40(2) through the Secure Information Exchange Network Application (SIENA) of Europol.
6. Seizure or retention data shall include, as soon as available, the following information:
(a)
the particulars of the firearm or firearms, including the name of the manufacturer or brand, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number, and the model where feasible, as well as the quantities;
(b)
the category or categories of the firearm or firearms, in line with Annex I;
(c)
where available, information about manufacture, including the reactivation of deactivated firearms, the conversion of alarm and signal weapons, hand-made or home-made firearms, firearms manufactured by additive manufacturing, and any other information of interest;
(d)
the country of origin;
(e)
the country of dispatch;
(f)
the country of destination;
(g)
the means of transport, including as the case may be ‘container’, ‘lorry or van’, ‘personal vehicle’, ‘bus or coach’, ‘train’, ‘commercial aviation’, ‘general aviation’ or ‘postal freight and parcels’, together with, where applicable, the registration number of the means of transport used, and the nationality of the transportation company or person; and,
(h)
the place and type of the seizure or retention, including as the case may be ‘inland’, ‘border crossing point’, ‘land border’, ‘airport’ or ‘maritime port’.
7. Article 6(1) of this Regulation shall not prevent the customs authority from applying Article 198(2) of Regulation (EU) No 952/2013. Where the customs authority carries out the destruction of the listed goods as decided by the competent authority, the costs for destruction shall be born in accordance with Article 198(3) of Regulation (EU) No 952/2013.
8. The Commission shall, by means of an implementing act, determine the system to be used to gather yearly statistical information on the seizure and retention of listed goods. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 43(3).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
