Information on scheduled maintenance operations
Article 7
The Commission shall inform ELAN users of any scheduled maintenance operations on the system and their estimated duration two weeks in advance.
Commission Implementing Regulation (EU) 2025/1272 SECTION 3 — CONTINGENCY PROVISIONS
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Documents produced during maintenance or unplanned unavailability of ELAN
Article 8
1. Where ELAN or one of its functionalities is unavailable for more than one hour, the national issuing authorities or third country issuing authorities shall produce the documents required to perform customs formalities either on paper or in a national electronic system. 2. In the circumstances described at paragraph 1, documents shall be produced electronically in a national electronic system. When the customs authorities that need to perform the customs clearance of the goods and report the cleared quantities on the relevant documents do not have access to the national electronic system of the issuing authorities or bodies referred to in the first sub-paragraph, those documents shall be printed on paper and shall be in the declarant's possession and at the disposal of the customs authorities at the time when the customs declaration is lodged. 3. Documents printed on paper in accordance with paragraph 1 and with paragraph 2, second subparagraph, shall be duly signed and stamped by the competent issuing authority. All documents produced in accordance with paragraphs 1 and 2 shall bear the text ‘Produced during ELAN unavailability’. 4. In case of documents produced by third countries which are a precondition for issuing licences in accordance with Implementing Regulation (EU) 2020/761, the national authorities issuing the corresponding licence shall indicate the number of the third country document in the licence, and validate the third country document by putting on its back page the stamp of the authority, the signature of an authorised official and its date, as well as the number of the licence linked to that document. The national issuing authority shall retain the original of the documents produced by third countries referred to in the first subparagraph, unless the operator is required to present the document to the customs authorities. 5. In case of documents produced by third countries that must be presented only at customs level, the customs authorities shall validate the document by putting on its back page the stamp of the authority, the signature of an authorised official and the date on which the document has been used. 6. Economic operators shall present the documents printed on paper in accordance with paragraphs 1 to 5 to the customs authorities for the performance of customs controls.
Customs controls on documents produced during the unavailability of ELAN
Article 9
1. Customs authorities shall control the documents referred to in Article 8 of this Regulation in accordance with the relevant provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council ( 16 ) and the relevant Union legislation referred to in Article 1(2) of this Regulation. 2. Where required by the relevant Union legislation, customs authorities shall indicate in the dedicated section of the document the commodity codes and the quantity of products released for free circulation or exported and, where a customs declaration or ELAN document contains several items, the sequential number of the item in the ELAN document and the number of the item in the customs declaration, together with the Master Reference Number, the customs office, the date and time, the signature of the authorised officer performing the control and the stamp of the authority. 3. The controls referred to in paragraphs 1, including the customs clearance and the reporting of the cleared quantities, shall be performed on the documents available on the national electronic system of issuance when that system allows the customs authorities to access it and to perform the activities mentioned in this paragraph. 4. In the cases referred to in Article 8(2), the customs authorities shall perform the controls required by paragraphs 1, 2, and 3 of this Article on the paper document.
Registration in ELAN of documents produced during the unavailability of ELAN
Article 10
1. The Commission and the owners of the national systems shall perform an ad hoc bulk exchange of the documents produced during the unavailability of ELAN to register them in ELAN as soon as its availability is restored. 2. All documents produced in accordance with Article 8(1) and (2), as soon as the availability of ELAN is restored, shall be immediately returned to the relevant issuing authorities or bodies, which in turn shall: (a) register the documents in ELAN; (b) make the returned documents on paper unusable; and (c) indicate the document in ELAN as used or, if required by the relevant Union legislation, register the attributions referred to in Article 9(2) indicated in the dedicated section by the customs authorities.
Customs controls during the unavailability of ELAN on documents available in ELAN
Article 11
1. Where ELAN or one of its functionalities is unavailable for more than one hour and during this unavailability customs authorities need to control documents that were registered in ELAN, the authority that produced the relevant documents shall be asked to provide a duly authenticated extract or copy of those documents. 2. When putting a copy or an extract of the document in possession of the economic operator and at disposal of the customs authorities, national issuing authorities shall take into account the attributions made to that document until the day on which the copy is produced. 3. Copies and extracts produced in accordance with paragraphs 1 and 2 of this Article shall bear the text ‘Copy for use during ELAN unavailability’ and shall be duly signed and stamped, if presented on paper form, or signed in accordance with Article 3, if made available to customs authorities via a national electronic system. 4. Article 9 applies mutatis mutandis to the customs controls performed on the documents referred to in paragraph 1 of this Article. 5. As soon as the availability of ELAN is restored, the relevant issuing authorities or bodies in Member States shall immediately: (a) indicate in ELAN that the documents of which a copy was made cannot be used electronically in that system, if the copy has not been returned; (b) introduce in ELAN the details of the extract of the licence or of the copy of the extract, or transmit them from the national electronic system, and indicate that it cannot be used in ELAN until the paper copy is returned, or the version in the national electronic system has been made unusable; and (c) register in ELAN the attributions on the licences, the extracts or their copies and, for the other documents, indicate in ELAN that those documents have been used as soon as they have been returned.
Temporary unavailability of EU CSW-CERTEX
Article 12
Where EU CSW-CERTEX is unavailable for more than one hour, customs shall access the documents available in ELAN via the dedicated user interface to perform the necessary controls, the customs clearance and the reporting of the cleared quantities on those documents.
Operations performed during the unavailability of ELAN on documents available in ELAN
Article 13
1. Where ELAN or one of its functionalities is unavailable for more than one hour, and the national issuing authorities or, third country issuing authorities must correct a document, make an extract of it, transfer it, or extend its validity, they shall reproduce the document on paper, and perform the operation on that document. 2. Documents produced in accordance with paragraph 1 shall bear the text ‘Copy for use during ELAN unavailability’ and shall be duly signed and stamped by the competent issuing authority. 3. Where the issuing authorities of Member States know that a document will be presented to customs authorities that can access the documents in their national electronic systems, those issuing authorities may perform the operations listed in paragraph 1 in their own national electronic systems. The issuing authorities or bodies shall register in ELAN the operations performed during its unavailability once ELAN becomes available again. The documents in ELAN shall be made unusable until the copies printed on paper during the contingency period are returned to the issuing authorities. 4. Once the documents on which the relevant issuing authorities or bodies have performed operations in accordance with paragraphs 1, 2 and 3 are returned to them, those authorities or bodies shall: (a) make the returned documents unusable; and (b) indicate the document in ELAN as used or register the quantity attributions indicated in the dedicated section by the customs authorities, if applicable.
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