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

CHAPTER III U.K. EXCHANGE OF INFORMATION WITHOUT PRIOR REQUEST

Article 9 U.K. Optional exchange of information

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.

Article 10 U.K. 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

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.

Article 11 U.K. Mandatory exchange of information — control report

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.

Article 12 U.K. Mandatory exchange of information — definitive interruption of a movement

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.

Article 13 U.K. Mandatory exchange of information — alert or rejection notification

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.

Article 14 U.K. Mandatory exchange of information — event reports

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.

[F1 Article 14a U.K. Mandatory exchange of information — manual closure

For the purpose of Article 15(1)(c) of Regulation (EU) No 389/2012, where a competent authority of the Member State of dispatch has received evidence of the completion of a movement of excise goods under duty suspension arrangement and the movement cannot be closed under Article 24 or Article 25 of Directive 2008/118/EC, it shall decide whether to close the movement of excise goods manually.

The competent authority of the Member State of dispatch shall notify the competent authorities of the Member State of destination or of the Member State of export of its decision.

The notification of a decision to manually close a movement shall be made by means of a ‘ Manual Closure Response ’ document, set out in Table 16 of Annex I to this Regulation.]

Textual Amendments

F1 Inserted by Commission Implementing Regulation (EU) 2019/2223 of 13 December 2019 amending Implementing Regulation (EU) 2016/323 as regards the data required for mutual administrative assistance documents used for the purpose of the exchange of information regarding excise goods under suspension of excise duty.