Commission Implementing Regulation (EU) 2016/323Show full title

CHAPTER II COOPERATION ON REQUEST

SECTION I Requests for download of information contained in the computerised system

Article 4 Request for download of information where the administrative reference code of a movement is known to the requesting authority

1. Where the administrative reference code of the electronic administrative document under cover of which a movement takes place, assigned in accordance with the third subparagraph of Article 21(3) of Directive 2008/118/EC, is known to the requesting authority, it may make a request for any document referred to in Annex I to Regulation (EC) No 684/2009 and any other document relating to the movement.

For that purpose the requesting authority shall send a ‘Movement download request’ document, as set out in Table 1 of Annex I, to the requested authority in the Member State of dispatch. The request shall state the administrative reference code of the electronic administrative document under cover of which the movement takes place.

2. Where the administrative reference code is known to the requested authority, it shall respond to requests made in accordance with paragraph 1 using a ‘Movement download answer’ document, as set out in Table 2 of Annex I, indicating the status of the movement.

The requested authority shall also send a ‘History of a movement’ document, as set out in Table 3 of Annex I, containing a copy of the electronic administrative document under cover of which the movement takes place and of any other documents relating to that movement.

3. Where the administrative reference code is not known to the requested authority, it shall respond to requests made in accordance with paragraph 1 using a ‘Movement download answer’ document with the ‘Status’ data element set to ‘None.’

Article 5 Request for download of information where the administrative reference code is unknown to the requesting authority

1. Where the administrative reference code or codes of one or more electronic administrative documents for which the requesting authority is searching are not known and the requesting authority believes another Member State to be the Member State of dispatch, the requesting authority may request a search to be carried out by the competent authority of another Member State for a list of electronic administrative documents under cover of which relevant movements take place.

For that purpose, the requesting authority shall send a ‘Common request’ document, as set out in Table 4 of Annex I, to the requested authority. The request shall state the relevant search criteria and include any information which supports the selection of those criteria.

2. The requested authority shall respond to requests made in accordance with paragraph 1 by returning a list of electronic administrative documents matching the search criteria selected in accordance with the second subparagraph of paragraph 1, identified by their administrative reference codes using the ‘List of e-AD as a result of a general query’ document, as set out in Table 5 of Annex I.

3. Where no document meets the search criteria selected in accordance with the second subparagraph of paragraph 1, or the number of administrative reference codes meeting the selected search criteria is greater than 99, the requested authority shall send the requesting authority a ‘Refusal of common request’ document, as set out in Table 6 of Annex I.

SECTION II Requests for information not contained in the computerised system

Article 6 Requests for information and administrative enquiries

1. Requests for information regarding goods under excise duty suspension that is not contained in the computerised system shall be made by sending an ‘Administrative cooperation common request’ document, as set out in Table 7 of Annex I. The request type shall be set to ‘Administrative cooperation’.

2. Each request made in accordance with paragraph 1 may concern one or more economic operators registered in the Member State of the requesting authority in accordance with Article 19(1)(a) of Regulation (EU) No 389/2012. It shall concern no more than one economic operator registered in the Member State of the requested authority.

3. Having completed any necessary enquiries, the requested authority shall send the results of those enquiries to the requesting authority by means of an ‘Administrative cooperation results’ document, as set out in Table 10 of Annex I.

SECTION III Time limits and refusals

Article 7 Time limits

1. A requesting authority may remind a requested authority that it has not yet responded to a previous request for cooperation by sending a ‘Reminder message for administrative cooperation’ document, as set out in Table 9 of Annex I.

2. Where the requested authority does not respond to a request within the time limits provided for in Article 11(1) of Regulation (EU) No 389/2012 it shall send information on the reasons for the failure using an ‘Answer message’ document, as set out in Table 8 of Annex I to this Regulation.

Article 8 Refusal to cooperate

Where the requested authority refuses to handle a request for information, to carry out an administrative enquiry relating to the requested information, or to provide the information requested, it shall notify the requesting authority using the CCN secure mail system providing at least the following information:

(a)

the follow-up correlation ID of the relevant mutual administrative assistance document sent by the requesting authority, as set out in Code List 1 of Annex II;

(b)

the date of the decision to refuse the request;

(c)

the identity of the requested authority issuing the refusal;

(d)

the grounds for refusal in accordance with Articles 7(2), 21(1), 25 or 33(2) of Regulation (EU) No 389/2012.

It shall send such notification as soon as it has taken its decision and in any event within three months of receipt of the request.