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Document 22022D1669
Decision No 1/2022 of the EU-CTC Joint Committee of 25 August 2022 as regards amending the data element requirements for transit declarations and rules on administrative assistance in Appendices I, IIIa and IV to the Convention on a common transit procedure [2022/1669]
Decision No 1/2022 of the EU-CTC Joint Committee of 25 August 2022 as regards amending the data element requirements for transit declarations and rules on administrative assistance in Appendices I, IIIa and IV to the Convention on a common transit procedure [2022/1669]
Decision No 1/2022 of the EU-CTC Joint Committee of 25 August 2022 as regards amending the data element requirements for transit declarations and rules on administrative assistance in Appendices I, IIIa and IV to the Convention on a common transit procedure [2022/1669]
OJ L 253, 30.9.2022, p. 1–78
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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30.9.2022 |
EN |
Official Journal of the European Union |
L 253/1 |
DECISION No 1/2022 OF THE EU-CTC JOINT COMMITTEE
of 25 August 2022
as regards amending the data element requirements for transit declarations and rules on administrative assistance in Appendices I, IIIa and IV to the Convention on a common transit procedure [2022/1669]
THE EU-CTC JOINT COMMITTEE,
Having regard to the Convention of 20 May 1987 on a common transit procedure, and in particular Article 15(3), point (a), thereof,
Whereas:
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(1) |
Pursuant to Article 15(3), point (a), of the Convention of 20 May 1987 on a common transit procedure (the ‘Convention’) (1), the Joint Committee established by that Convention is to adopt, by decision, amendments to the Appendices to the Convention. |
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(2) |
Annex B to Commission Delegated Regulation (EU) 2015/2446 (2) has been amended by Commission Delegated Regulation (EU) 2021/234 (3). That Annex lays down the data element requirements for the transit declaration to better harmonise the common data elements for the exchange and storage of information between customs authorities as well as between customs authorities and economic operators. Such horizontal harmonisation was necessary to ensure inter-operability between the customs electronic systems used for the different types of declarations and notifications. Annex B6a to Appendix IIIa to the Convention mirrors Annex B to Delegated Regulation (EU) 2015/2446 and should therefore be amended accordingly. |
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(3) |
Annex B to Commission Implementing Regulation (EU) 2015/2447 (4) has been amended by Commission Implementing Regulation (EU) 2021/235 (5). That Annex lays down the formats and codes of the common data elements for the transit declaration, in order to better harmonise the formats and codes of the common data elements for the storage of information and for its exchange between customs authorities, as well as between customs authorities and economic operators. The formats and codes of the common data elements needed to be harmonised to ensure that the electronic customs systems used for the various types of declarations and notifications are inter-operable once the common data requirements have been harmonised. Annex A1a to Appendix IIIa to the Convention mirrors Annex B to Implementing Regulation (EU) 2015/2447 and should therefore be amended accordingly. |
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(4) |
In order to improve the readability of the data elements requirements for transit declarations, the respective formats and codes, Annex A1a and Annex B6a to Appendix IIIa to the Convention should be merged into one single Annex A1a. |
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(5) |
In Appendix I to the Convention, the references to Appendix III should be corrected and replaced by Appendix IIIa in the case of provisions applicable as of the deployment of the upgrading of the New Computerised Transit System referred to in the Annex to Commission Implementing Decision (EU) 2016/578 (6). |
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(6) |
The rules on mutual assistance for the recovery of claims as set out in Appendix IV to the Convention have been in place for a relatively long time and not been changed. Those rules are important as they safeguard the financial interests of the common transit countries, the Union and the Member States . Those rules should be revised in order to align them with the respective Union rules. |
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(7) |
The Convention should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION
Article 1
(1) Appendix I to the Convention is amended as set out in Annex A to this Decision.
(2) Appendix IIIa to the Convention is amended as set out in Annex B to this Decision.
(3) Appendix IV to the Convention is amended as set out in Annex C to this Decision.
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Brussels on 25 August 2022,
For the Joint Committee
The President
Matthias PETSCHKE
(1) OJ L 226, 13.8.1987, p. 2.
(2) Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).
(3) Commission Delegated Regulation (EU) 2021/234 of 7 December 2020 amending Delegated Regulation (EU) 2015/2446 as regards common data requirements, and Delegated Regulation (EU) 2016/341 as regards the codes to be used in certain forms (OJ L 63, 23.02.2021, p. 1).
(4) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).
(5) Commission Implementing Regulation (EU) 2021/235 of 8 February 2021 amending Implementing Regulation (EU) 2015/2447 as regards formats and codes of common data requirements, certain rules on surveillance and the competent customs office for placing goods under a customs procedure (OJ L 63, 23.02.2021, p. 386).
(6) Commission Implementing Decision (EU) 2016/578 of 11 April 2016 establishing the Work Programme relating to the development and deployment of the electronic systems provided for in the Union Customs Code (OJ L 99, 15.4.2016, p. 6).
ANNEX A
Appendix I to the Convention is amended as follows:
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(1) |
In Article 25, second paragraph, the text ‘Annexes A1a and B6a to Appendix III’ is replaced by the following: ‘Annex A1a to Appendix IIIa’; |
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(2) |
In Article 27, second paragraph, the text ‘Annex B6a to Appendix III’ is replaced by the following: ‘Annex A1a to Appendix IIIa’; |
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(3) |
In Article 41, point 3, the text ‘Appendix III’ is replaced by the following: ‘Appendix IIIa’; |
ANNEX B
Appendix IIIa to the Convention is amended as follows:
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(1) |
Article 2 is amended as follows:
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(2) |
Article 7(1) is amended as follows:
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(3) |
In Article 8 the text ‘to this Appendix’ is replaced by the following: ‘to Appendix III’; |
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(4) |
In Article 9, after the text ‘Annex B10’ the following text is inserted: ‘to Appendix III’; |
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(5) |
In Article 10(1), after the text ‘Annex C3’ the following text is inserted: ‘to Appendix III’; |
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(6) |
Article 11(1) is amended as follows:
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(7) |
Annex A1a is replaced by the following: ‘ANNEX A1a COMMON DATA REQUIREMENTS FOR A TRANSIT DECLARATION This Annex shall apply as of the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, with the exception of the provisions on data elements relating to an electronic transport document as a transit declaration as referred to in Article 55(1)(h) of Appendix I, which shall apply at the latest as of 1 May 2018. TITLE I DATA REQUIREMENTS CHAPTER I Introductory notes to the data requirements table
CHAPTER II Table legend Section 1 Column headings
Section 2 Column headings
Section 3 Symbols in the columns Declaration
Section 4 Symbols in the column Format The term ‘type/length’ in the explanation of an attribute indicates the requirements for the data type and the data length. The codes for the data types are as follows:
The number following the code indicates the admissible data length. The following applies. The optional two dots before the length indicator mean that the data has no fixed length, but it can have up to a number of digits, as specified by the length indicator. A comma in the data length means that the attribute can hold decimals, the digit before the comma indicates the total length of the attribute, the digit after the comma indicates the maximum number of digits after the decimal point. Examples of field lengths and formats:
TITLE II TABLE OF THE COMMON DATA REQUIREMENTS FOR TRANSIT DECLARATIONS CHAPTER I Table
CHAPTER II Notes
TITLE III NOTES AND CODES IN RELATION WITH THE COMMON DATA REQUIREMENTS FOR A TRANSIT DECLARATION The term ‘type/length’ in the explanation of an attribute indicates the requirements for the data type and the data length. The codes for the data types are as follows. Group 11 –Message information (including procedure codes)
Enter the relevant code. The codes to be used are:
Enter the relevant code. The codes to be used are:
Number of the item contained in the declaration where there is more than one item of goods.
Using the relevant codes, indicate if the declaration is combined with Exit summary declaration (EXS) or Entry summary declaration (ENS) in accordance with the legislation on the safety and security measures of the respective Contracting Parties. The codes to be used are:
Using the relevant codes, indicate if the declaration contains the reduced dataset. The codes to be used are:
Group 12 – References of messages, documents, certificates, authorisations
Indicate details relating to the previous document. For the Member States of the European Union – Enter the details related to the writing-off of the goods declared in the declaration concerned, in relation with the ending of the temporary storage. Such details shall include the writing-off quantity and the respective measurement unit.
Give the reference for the temporary storage or the previous customs procedure or corresponding customs documents. For the Member States of the European Union – if the export is followed by transit, enter the MRN of the export declaration. The codes to be used are: The identification number or another recognisable reference of the document is inserted here. In case the MRN is referred to as previous document, the reference number shall have the following structure:
Fields 1 and 2 as explained above. Field 3 shall be filled in with an identifier for the message concerned. The way that field is used is under the responsibility of national administrations but each message handled during one year within the given country must have a unique number in relation to the procedure concerned. National administrations that want to have the reference number of the competent customs office included in the MRN, may use up to the first 6 characters to represent it. Field 4 shall be filled in with an identifier of the procedure as defined in the table below. Field 5 shall be filled with a value that is a check digit for the whole MRN. This field allows for detection of an error when capturing the whole MRN. Codes to be used in field 4 Procedure identifier:
Using the relevant code, indicate the type of the document. The codes to be used are: The codes can be found in the TARIC database.
Enter the code specifying the type of package relevant for writing-off the number of packages. The codes to be used are: Package type code as referred to in introductory note 8 number 1.
Enter the relevant writing-off number of packages.
Enter the relevant writing-off measurement unit and qualifier. The codes and their formats to be used are: The measurement units and qualifiers defined in TARIC shall be used. In such case, the format of the measurement units and qualifiers shall be an..4, but shall never be n..4 formats, reserved for national measurement units and qualifiers. If no such measurement units and qualifiers are available in TARIC, national measurement units and qualifiers may be used. Their format shall be n..4.
Enter the relevant writing-off quantity.
Enter the goods item number as declared in the Previous document.
Enter complementary information concerning the Previous document. This data element allows the economic operator to provide any complementary information related to the Previous document.
Use this data element in relation to information for which Contracting Parties’ legislation does not specify the field in which it is to be entered.
Enter the relevant code, and, if applicable, the code provided for by the country concerned. The codes and their formats to be used are: A five-digit code is used to encode additional information of a customs nature:
The codes ‘00200’, ‘20100’, ‘20200’ and ‘20300’ are used in case of paper-based and electronic transit declarations, if applicable.
Countries may define national codes. National codes must have the format a1an4.
Any explanatory text for the declared code may be provided if necessary.
Identification or reference number of Contracting Parties' or international documents or certificates produced in support of the declaration. Using the relevant codes, enter the details required by any specific rules applicable together with reference data of the documents produced in support of the declaration. Identification or reference number of national documents or certificates produced in support of the declaration.
Using the relevant codes, indicate the type of the document. Enter the details related to the writing-off of the goods declared in the declaration concerned, in relation with the export and import licences and certificates. The codes and their formats to be used are: Contracting Parties’ or international documents, certificates and authorisations produced in support of the transit declaration, must be entered in the format a1an3. The list of documents, certificates and authorisations, and their respective codes can be found in the TARIC database. National documents, certificates and authorisations produced in support of the transit declaration, must be entered in the format n1an3 (Ex: 2123, 34d5). The four characters represent codes based on that country’s own nomenclature.
Enter the sequential number of the item in the supporting document (e.g. certificate, licence, permit, entry document etc.), corresponding to the item in question.
Enter complementary information concerning the Supporting document. This data element allows the economic operator to provide any complementary information related to the Supporting document.
Reference number for any additional declarations made which is not covered by Supporting document, Transport document or Additional information.
Using the relevant codes, enter the details required by any specific rules applicable. The codes and their formats to be used are: Contracting Parties’ codes for Additional references must be entered in the format a1an3. The list of additional references and their respective codes can be found in the TARIC database. Countries may define national codes. National Additional reference codes must be entered in the format n1an3, possibly followed either by an identification number or another recognisable reference. The four characters represent codes based on that country’s own nomenclature.
This data element includes the type and reference of the transport document.
For column D3: This data element includes the reference of the transport document that is used as transit declaration.
Using the relevant codes, indicate the type of the document. The codes to be used are: The codes can be found in the TARIC database.
This entry concerns the unique consignment reference number assigned by the person concerned to the consignment in question. It may take the form of WCO (ISO 15459) codes or equivalent. It provides access to underlying commercial data of interest to customs.
The local reference number (LRN) shall be used. It is nationally defined and allocated by the declarant in agreement with the competent authorities to identify each single declaration.
Enter the reference number of all authorisations necessary for the declaration and notification.
Using the relevant codes, indicate the type of the document. The codes to be used are: The codes can be found in the TARIC database. Group 13 – Parties
Party consigning goods as stipulated in the transport contract by the party ordering the transport. This element must be provided when different from the declarant.
Enter the full name and where applicable the legal form of the party.
Enter the EORI number of the consignor or the trader identification number in a common transit country. Where facilitations are granted in the framework of a third country traders’ partnership programme which is recognised by the Contracting Party concerned, this information may take the form of a third country unique identification number which has been made available to the Contracting Party concerned by the third country concerned. That number may be used whenever available to the declarant. The codes to be used are: The structure of a third country unique identification number which has been made available to the Contracting Party concerned is as follows:
Country code: Country Code as referred to in introductory note 8 number 3.
Enter the name of the street of the party’s address and the number of the building or facility.
Enter the code of the country. The codes to be used are: Country Code as referred to in introductory note 8 number 3.
Enter the relevant postcode for the related address particulars.
Enter the city name of the party’s address.
Enter the name of the contact person.
Enter the phone number of the contact person.
Enter the e-mail address of the contact person.
Party to whom goods are actually consigned. This data element and its sub-elements may be declared at HI level until the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578 by all the Contracting Parties.
Enter the full name and where applicable the legal form of the party.
Enter the EORI number or the trader identification number in a common transit country. Where facilitations are granted in the framework of a third country traders’ partnership programme which is recognised by the Contracting Party concerned, this information may take the form of a third country unique identification number which has been made available to the Contracting Party concerned by the third country concerned. That number may be used whenever available to the declarant. The codes to be used are: The identification number as defined for D.E. 1302017000 Consignor/Identification number shall be used.
Enter the name of the street of the party’s address and the number of the building or facility.
Enter the code of the country. The codes to be used are: Country Code as referred to in introductory note 8 number 3. For common transit countries - the code XI is optional.
Enter the relevant postcode for the related address particulars.
Enter the city name of the party’s address.
This information shall be required, if different from D.E. 1305000000 Declarant or where appropriate D.E. 1307000000 Holder of the transit procedure.
Enter the EORI number of the person concerned or the trader identification number in a common transit country. The codes to be used are: The identification number as defined for D.E. 1302017000 Consignor/Identification number shall be used.
Enter the relevant code representing the status of the representative. The codes to be used are: Insert one of the following codes before the full name to designate the status of the representative:
The code 3 is irrelevant for customs transit procedures.
Enter the name of the contact person.
Enter the phone number of the contact person.
Enter the e-mail address of the contact person.
Enter the full name (person or company) and address of the holder of the transit procedure. Where appropriate, enter the full name (person or company) of the authorised representative lodging the transit declaration on behalf of the holder of the procedure.
Enter the EORI number of the holder of the transit procedure or the trader identification number in a common transit country. The codes to be used are: The identification number as defined for D.E. 1302017000 Consignor/Identification number shall be used.
Enter the name of the street of the party’s address and the number of the building or facility.
Enter the code of the country. The codes to be used are: Country Code as referred to in introductory note 8 number 3.
Enter the relevant postcode for the related address particulars.
Enter the city name of the party’s address.
Enter the name of the contact person.
Enter the phone number of the contact person.
Enter the e-mail address of the contact person.
Additional supply chain actors can be indicated here in order to demonstrate that the entire supply chain was covered by the economic operators holders of the AEO status. If this data class is used Role and Identification number shall be provided, else this data element is optional.
The EORI number or third country unique identification number shall be declared when such number was assigned to the party. The codes to be used are: The identification number as defined for D.E. 1302017000 Consignor/Identification number shall be used.
Enter the relevant role code specifying the role of the additional supply chain actors. The codes to be used are: The following parties can be declared:
Group 16 – Places/Countries/Regions
Using the relevant code, enter the last country of destination of the goods. The country of last known destination is defined as the last country to which it is known at the time of release into the customs procedure that the goods are to be delivered. The codes to be used are: Country Code as referred to in introductory note 8 number 3. For common transit countries - the code XI is optional.
Using the relevant code, enter the country from which the goods are dispatched/exported. The codes to be used are: Country Code as referred to in introductory note 8 number 3.
This data element is required when a prescribed itinerary is defined by the customs office of departure (see 1617000000 Prescribed itinerary). Identification in a chronological order of the countries through which the goods are routed between the country of departure and destination. This comprises also the countries of departure and of destination of the goods.
Enter the relevant country code(s) in correct sequence of the routing of the consignment. The codes to be used are: Country Code as referred to in introductory note 8 number 3.
Identification of the seaport, airport, freight terminal, rail station or other place at which the goods are loaded onto the means of transport being used for their carriage, including the country where it is located. Where available, coded information shall be provided for the identification of the location. In case there is no UN/LOCODE available for the location concerned, the country code shall be followed by the name of the place, with the maximum level of precision available.
Where the UN/LOCODE is not available, enter the country code for the place at which the goods are loaded onto the means of transport being used to cross the frontier of the Contracting Party. The codes to be used are: Where the place of loading is not coded according to the UN/LOCODE, the country where the place of loading is located is identified by the Country Code as referred to in introductory note 8 number 3.
Enter the UN/LOCODE for the place at which the goods are loaded onto the means of transport being used for their carriage to cross the frontier of the Contracting Party. The codes to be used are: UN/LOCODE as referred to in introductory note 8 number 4.
Where the UN/LOCODE is not available, enter the name of the place at which the goods are loaded onto the means of transport being used for their carriage to cross the frontier of the Contracting Party.
Using the relevant codes, enter the location where the goods may be examined. This location shall be precise enough to allow customs to carry out the physical control of the goods. Only one Type of location is to be used at the same time.
Use the codes defined in the UN/LOCODE Code List by Country. The codes to be used are: UN/LOCODE as referred to in introductory note 8 number 4.
Enter the relevant code specified for type of location. The codes to be used are: For the type of location, use the codes specified below:
Enter the relevant code for the identification of the location. Based on the used qualifier only the relevant identifier shall be provided. The codes to be used are: For the identification of the location, use one of the identifiers below:
In case code “X” (EORI number) or “Y” (authorisation number) is used for the identification of the location, and there are several locations associated with the EORI number or the authorisation number concerned, an additional identifier can be used to enable the unambiguous identification of the location.
Enter the relevant customs office code where goods are available for further customs control.
Using the relevant code, enter the reference number of the customs office where the goods are available for further customs control. The codes to be used are: The identifier of the customs office shall follow the structure defined for D.E. 1705001000 Customs office of destination/Reference number.
Enter relevant coordinates from Global Navigation Satellite Systems (GNSS) where goods are available.
Enter the latitude of the location where the goods are available.
Enter the longitude of the location where the goods are available.
Use the identification number of the economic operator in whose premises the goods can be controlled.
Enter the EORI number or the trader identification number in a common transit country of the holder of the authorisation. The codes to be used are: The identification number as defined for D.E. 1302017000 Consignor/Identification number shall be used.
Enter the authorization number of the location concerned.
In case of several premises, in order the location to be specified more precisely related to an EORI, a trader identification in a common transit country or an authorisation, enter the relevant code where available.
Enter the relevant street and number.
Enter the code of the country. The codes to be used are: Country Code as referred to in introductory note 8 number 3.
Enter the relevant postcode for the related address particulars.
Enter the city name of the party’s address.
This sub class may be used where it is possible to determine the location of the goods with the postcode complemented by the house number if necessary.
Enter the code of the country. The codes to be used are: Country Code as referred to in introductory note 8 number 3.
Enter the relevant postcode for the related location of goods.
Enter the house number for the related location of goods.
Enter the name of the contact person.
Enter the phone number of the contact person.
Enter the e-mail address of the contact person.
Using the relevant codes, indicate if the Prescribed itinerary is applied. Prescribed itinerary defines the route along which the goods shall be moved from the customs office of departure to the customs office of destination along an economically justified itinerary. The codes to be used are: The relevant codes are given below:
Group 17 – Customs offices
Using the relevant code, enter the reference number of the office where the transit operation shall start. The codes to be used are: The identifier of the customs office shall follow the structure defined for D.E. 1705001000 Customs office of destination/Reference number.
Enter the code for the intended customs office competent for the point of entry into the territory of a Contracting Party when the goods move under the transit procedure, or the customs office competent for the point of exit from the territory of a Contracting Party when the goods are leaving that territory in the course of a transit operation via a frontier between that Contracting Party and a third country. Using the relevant code, enter the reference number of the custom office concerned. The codes to be used are: The identifier of the customs office shall follow the structure defined for D.E. 1705001000 Customs office of destination / Reference number.
Using the relevant code, enter the reference number of the office where the transit operation shall end. The codes and their formats to be used are: Use (an8) codes structured as follows:
Example: BEBRU000: BE = ISO 3166 for Belgium, BRU = UN/LOCODE location name for the city of Brussels, 000 for the unused subdivision.
Using the relevant code, enter the reference number of the office concerned. This data element is required when the transit declaration is combined with exit summary declaration. Enter the code for the intended customs office where the transit movement leaves the safety and security area. For Member States of the European Union – this data element is not required when the transit movement follows the export procedure. The codes to be used are: The identifier of the customs office shall follow the structure defined for D.E. 1705001000 Customs office of destination/Reference number. Group 18 – Goods identification
Enter the net mass, expressed in kilograms, of the goods concerned by the relevant declaration goods item. The net mass is the mass of the goods without any packaging. Where a net mass greater than 1 kg includes a fraction of a unit (kg), it may be rounded off in the following manner:
A net mass of less than 1 kg should be entered as “0.” followed by a number of decimals up to 6, discarding all “0” at the end of the quantity (e.g. 0.123 for a package of 123 grams, 0.00304 for a package of 3 grams and 40 milligrams or 0.000654 for a package of 654 milligrams).
The gross mass is the weight of goods including packaging, but excluding the carrier’s equipment for the declaration. Where a gross mass greater than 1 kg includes a fraction of a unit (kg), it may be rounded off in the following manner:
A gross mass of less than 1 kg should be entered as “0.” followed by a number of decimals up to 6, discarding all “0” at the end of the quantity (e.g. 0.123 for a package of 123 grams, 0.00304 for a package of 3 grams and 40 milligrams or. 0.000654 for a package of 654 milligrams). Enter the gross mass, expressed in kilograms, of the goods concerned by the relevant item of goods. Where the declaration comprises several goods items, which concern goods that are packed together in such a way that it is impossible to determine the gross mass of the goods pertaining to any goods item, the total gross mass needs only to be entered on header level.
Where the declarant provides the CUS code for chemical substances and preparations, countries may waive the requirement of providing a precise description of the goods. It means the normal trade description. Where the commodity code is to be provided, the description must be precise enough to allow the goods to be classified.
This data element relates to details of the packaging of the goods subject to the declaration or notification.
Code specifying the type of package. The codes to be used are: Package type code as referred to in introductory note 8 number 1.
Total number of packages based on the smallest external packing unit. This is the number of individual items packaged in such a way that they cannot be divided without first undoing the packing, or the number of pieces, if unpackaged. This information shall not be provided where goods are in bulk.
Free form of description of the marks and numbers on transport units or packages.
The Customs Union and Statistics (CUS) number is the identifier assigned within the European Customs Inventory of Chemical Substances (ECICS) to mainly chemical substances and preparations. The declarant may provide this code on a voluntary basis where no measure laid down in the Contracting Parties’ legislation exists for the goods concerned, i.e. where providing this code would represent a lesser burden than a full textual description of the product. The codes to be used are: CUS Code as referred to in introductory note 8 number 9.
At least the Harmonised System sub-heading code shall be used.
Enter the Harmonised System sub-heading code (six-digit HS code). The codes to be used are: The codes can be found in the TARIC database.
Enter the two additional digits of the Combined nomenclature code where required by the Contracting Parties’ legislation. The codes to be used are: The codes can be found in the TARIC database. Group 19 – Transport information (modes, means and equipment)
Enter the presumed situation when crossing the external frontier of the Contracting Party, based on the information available at the time of completion of the transit formalities, using the relevant code. The codes to be used are: The codes applicable are given below:
Using the relevant code, enter the mode of transport corresponding to the active means of transport which it is expected will be used on exit from the customs territory of the Contracting Party. The codes to be used are: The codes applicable are given below:
Using the relevant code, enter the mode of transport upon departure. The codes to be used are: The codes provided for in this Title as regards D.E. 1903000000 Mode of transport at the border shall be used.
This information shall take the form of the IMO ship identification number or the unique European Vessel Identification Number (ENI code) for transport by sea or inland waterways. For other modes of transport, the method of identification shall be:
Where goods are transported by way of a trailer and a tractor, enter registration numbers of both trailer and tractor. Where the registration number of the tractor is not known, enter the trailer registration number.
Using the relevant code, enter the type of the identification number. The codes to be used are: The codes applicable are given below:
Enter the nationality of the means of transport (or that of the vehicle propelling the others if there are several means of transport) on which the goods are directly loaded at the time of transit formalities, in the form of the relevant code. Where goods are transported by way of a trailer and a tractor, enter the nationality of both trailer and tractor. Where the nationality of the tractor is not known, enter the nationality of the trailer. The codes to be used are: Country Code as referred to in introductory note 8 number 3.
For each container, enter the goods item number(s) for the goods transported in this container.
Marks (letters and/or numbers) which identify the container. For modes of transport other than air, a container is a special box to carry freight, strengthened and stackable and allowing horizontal or vertical transfers. In the air mode, containers are special boxes to carry freight, strengthened and allowing horizontal or vertical transfers. In the context of this data element, the swap bodies and semi-trailers used for road and rail transport shall be considered as containers. If applicable, for containers covered by the standard ISO 6346, the identifier (prefix) allocated by the International Bureau of Containers and Intermodal Transport (BIC) shall also be provided in addition to the container identification number. For swap bodies and semi-trailers the ILU (Intermodal Loading Units) code as introduced by the European EN 13044 standard shall be used.
Using the relevant code, enter the reference number of the office where the active means of transport crosses the Contracting Party frontier. The codes to be used are: The identifier of the customs office shall follow the structure defined for D.E. 1705001000 Customs office of destination/Reference number.
Enter the identity of the active means of transport crossing the Contracting Party frontier. In the case of combined transport or where several means of transport are used, the active means of transport is the one that propels the whole combination. For example, in the case of a lorry on a sea-going vessel, the active means of transport is the ship. In the case of a tractor and trailer, the active means of transport is the tractor. Depending on the means of transport concerned, the following details concerning identity shall be entered:
Using the relevant code, enter the type of identification number. The codes to be used are: The codes defined in this Title for D.E. 1905061000 Departure transport means/Type of identification shall be used for the type of identification.
Using the relevant code, enter the nationality of the active means of transport crossing the Contracting Party frontier. In the case of combined transport or where several means of transport are used, the active means of transport is the one that propels the whole combination. For example, in the case of a lorry on a sea-going vessel, the active means of transport is the ship. In the case of a tractor and trailer, the active means of transport is the tractor. The codes to be used are: Country Code as referred to in introductory note 8 number 3.
Identification of the journey of the means of transport, for example voyage number, the IATA flight number, trip number, if applicable. For air transport, in situations where the operator of the aircraft transports goods under code-sharing or similar contracting agreement with partners, the partners' flight numbers shall be used.
Enter the number of seals affixed to the transport equipment, where applicable.
The information shall be provided, if an authorised consignor lodges a declaration for which his authorisation requires the use of seals of a special type or a holder of the transit procedure is granted the use of seals of a special type. Group 99 – Other data elements (statistical data, guarantees, tariff related data)
Using the relevant codes, enter the type of guarantee used for the transit operation. The codes to be used are: The codes applicable are given below:
Enter the guarantee reference number.
Enter the access code.
Using the relevant code, enter the currency in which amount to be covered is established. The codes to be used are: Currency code as referred to in introductory note 8 number 2.
Enter the amount of customs debt that can incur or has incurred in relation to the particular declaration, thus to be covered by the guarantee.
Enter the reference number of the other guarantee used for the operation. TITLE IV LINGUISTIC REFERENCES AND THEIR CODES
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(8) |
Annex B6a is deleted. |
(*1) The cardinality for the Number of seals has to be understood in relation to the transport equipment, i.e. 1x per container.
(*2) For Member States of the European Union.
ANNEX C
Appendix IV to the Convention is replaced by the following:
‘APPENDIX IV
MUTUAL ASSISTANCE FOR THE RECOVERY OF CLAIMS
Subject matter
Article 1
This Appendix lays down the rules for ensuring recovery in each country of the claims referred to in Article 3 that arise in another country. Implementing provisions are set out in Annex I to this Appendix.
Definitions
Article 2
In this Appendix:
|
— |
“applicant authority” means the competent authority of a country that makes a request for assistance concerning a claim referred to in Article 3; |
|
— |
“requested authority" means the competent authority of a country to which a request for assistance is made. |
Scope
Article 3
This Appendix shall apply to:
|
(a) |
all claims relating to debts covered by Article 3, point l of Appendix I due in connection with a common transit operation that began after the entry into force of this Appendix; |
|
(b) |
interest and costs incidental to the recovery of the claims referred to above. |
Request for information
Article 4
1. At the request of the applicant authority, the requested authority shall provide any information that would be useful to the applicant authority in the recovery of its claim.
In order to obtain this information, the requested authority shall make use of the powers provided under the laws, regulations or administrative provisions applying to the recovery of similar claims arising in the country where that authority is situated.
2. The request for information shall contain at least the following information:
|
(a) |
name, address and other data relevant to the identification of the person to whom the information to be provided relates; |
|
(b) |
information relating to the claim(s) such as nature and amount of the claim; |
|
(c) |
any other information, if needed. |
3. The requested authority shall not be obliged to supply information:
|
(a) |
which it would not be able to obtain for the purpose of recovering similar claims arising in the country in which it is situated; |
|
(b) |
which would disclose any commercial, industrial or professional secrets; or |
|
(c) |
the disclosure of which would be liable to prejudice the security of or be contrary to the public policy of the country in which it is situated. |
4. The requested authority shall inform the applicant authority of the grounds for refusing a request for information.
5. Information obtained in accordance with this Article shall be used solely for the purposes of this Convention and shall be accorded the same protection by a receiving country as is afforded to information of like nature under the national law of that country. Such information may be used for other purposes only with the written consent of the competent authority that furnished it and subject to any restrictions laid down by that authority.
6. The request for information shall be provided using the form set out in Annex II to this Appendix.
Request for notification
Article 5
1. The requested authority shall, at the request of the applicant authority, and in accordance with the rules of law in force for the notification of similar instruments or decisions in the country in which the requested authority is situated, notify to the addressee all instruments and decisions, including those of a judicial nature, which emanate from the country in which the applicant authority is situated and which relate to a claim and/or to its recovery.
2. The request for notification shall contain at least the following information:
|
(a) |
name, address and other data relevant to the identification of the addressee; |
|
(b) |
nature and subject of the instrument or decision to be notified; |
|
(c) |
information relating to the claim(s); such as nature and amount of the claim |
|
(d) |
any other information, if needed. |
2a. The applicant authority shall make a request for notification only when it is unable to notify in the country where the applicant authority is situated, in accordance with the rules governing the notification of the document concerned or when such notification would give rise to disproportionate difficulties.
3. The requested authority shall promptly inform the applicant authority of the action taken on its request for notification and, more especially, of the date on which the instrument or decision was forwarded to the addressee.
4. The request for notification shall be provided using the form set out in Annex III to this Appendix.
Request for recovery
Article 6
1. At the request of the applicant authority, the requested authority shall recover claims, which are the subject of an instrument permitting their enforcement in accordance with the laws, regulations or administrative provisions applying to the recovery of similar claims arising in the country in which the requested authority is situated.
2. For this purpose, any claim in respect of which a request for recovery has been made shall be treated as a claim of the country in which the requested authority is situated, except where Article 12 applies.
Article 7
1. The request for recovery of a claim which the applicant authority addresses to the requested authority must be accompanied by an official or certified copy of the instrument permitting its enforcement, issued in the country in which the applicant authority is situated and, if appropriate, by the original or a certified copy of other documents necessary for recovery.
2. The applicant authority may not make a request for recovery unless:
|
(a) |
the claim and/or the instrument permitting its enforcement are not contested in the country in which it is situated; |
|
(b) |
it has, in the country in which it is situated, applied the recovery procedure available to it on the basis of the instrument referred to in paragraph 1, and the measures taken have not resulted in the payment in full of the claim; |
|
(c) |
the claim exceeds EUR 1 500. The equivalent in national currencies of the amount expressed in EUR shall be calculated in accordance with the provisions of Article 22 of Appendix II. |
3. The request for recovery shall contain at least the following information:
|
(a) |
name, address and other data relevant to the identification of the person concerned; |
|
(b) |
exact nature of the claim(s); |
|
(c) |
amount of the claim(s); |
|
(d) |
other information, if needed |
|
(e) |
a statement by the applicant authority indicating the date from which enforcement is possible under the laws in force in the country where the applicant authority is situated and confirming that the conditions set out in paragraph 2 are fulfilled. |
4. As soon as any relevant information relating to the matter, which gave rise to the request for recovery, comes to the knowledge of the applicant authority it shall forward it to the requested authority.
Article 8
The instrument permitting enforcement of the claim shall, where appropriate, and in accordance with the provisions in force in the country in which the requested authority is situated, be accepted, recognized, supplemented or replaced by an instrument authorizing enforcement in the territory of that country.
Such acceptance, recognition, supplementing or replacement must take place as soon as possible following the date of receipt of the request for recovery. They may not be refused if the instrument permitting enforcement in the country in which the applicant authority is situated is properly drawn up.
If any of these formalities should give rise to an examination or contestation in connection with the claim and/or the instrument permitting enforcement issued by the applicant authority, Article 12 shall apply.
Article 9
1. Claims shall be recovered in the currency of the country in which the requested authority is situated.
2. The requested authority may, where the laws, regulations or administrative provisions in force in the country in which it is situated so permit, allow the debtor time to pay or authorize payment by instalment. Any interest charged by the requested authority in respect of such extra time to pay shall be remitted to the applicant authority.
Any other interest charged for late payment under the laws, regulations and administrative provisions in force in the country in which the requested authority is situated shall also be remitted to the applicant authority.
Article 10
The claims to be recovered shall not be given preferential treatment in the country in which the requested authority is situated.
Article 11
The requested authority shall inform the applicant authority immediately of the action it has taken on the request for recovery.
Disputes
Article 12
1. If, in the course of the recovery procedure, the claim and/or the instrument permitting its enforcement issued in the country in which the applicant authority is situated are contested by an interested party, the action shall be brought by the latter before the competent body of the country in which the applicant authority is situated, in accordance with the laws in force there. This action must be notified by the applicant authority to the requested authority. The party concerned may also notify the requested authority of the action.
2. As soon as the requested authority has received the notification referred to in paragraph 1 either from the applicant authority or from the interested party, it shall suspend the enforcement procedure pending the decision of the body competent in the matter.
2a Should the requested authority deem it necessary, and without prejudice to Article 13, that authority may take precautionary measures to guarantee recovery in so far as the laws or regulations in force in the country in which it is situated allow such action for similar claims.
3. Where the enforcement measures taken in the country in which the requested authority is situated are contested, the action shall be brought before the competent body of that country in accordance with its laws and regulations.
4. Where the competent body before which the action has been brought in accordance with paragraph 1 is a judicial or administrative tribunal, the decision of that tribunal, in so far as it is favourable to the applicant authority and permits recovery of the claim in the country in which the applicant authority is situated shall constitute the ’instrument permitting enforcement’ within the meaning of Articles 6, 7 and 8 and the recovery of the claim shall proceed on the basis of that decision.
Request for precautionary measures
Article 13
1. At the request of the applicant authority, the requested authority shall take precautionary measures, if allowed by its national law and in accordance with its administrative practices, to ensure recovery where a claim or the instrument permitting enforcement in the country where the applicant authority is situated is contested at the time when the request is made, or where the claim is not yet the subject of an instrument permitting enforcement in the country where the applicant authority is situated, in so far as precautionary measures are also possible, in a similar situation, under the national law and administrative practices in this country.
1a. The request for precautionary measures may be accompanied by other documents relating to the claims, issued in the country where the applicant authority is situated.
2. In order to give effect to the provisions of the paragraph 1, Articles 6, 7(3) and (4), 8, 11, 12 and 14 shall apply mutatis mutandis.
3. The request for precautionary measures shall be provided using the form set out in Annex IV to this Appendix.
Exceptions
Article 14
The requested authority shall not be obliged:
|
(a) |
to grant the assistance provided for in Articles 6 to 13 if recovery of the claim would, because of the situation of the debtor, create serious economic or social difficulties in the country in which that authority is situated, in so far as the laws, regulations and administrative practices in force in this country allow such exception for national claims; |
|
(b) |
to accept a recovery of a claim if it maintains that it could infringe the public policy or other essential interests of the country in which that authority is situated. |
|
(c) |
to undertake recovery of a claim if the applicant authority has not exhausted the means of recovery in the territory of the country in which it is situated, |
|
(d) |
to grant assistance if the total amount of the claims for which assistance is requested is less than EUR 1 500. |
The requested authority shall inform the applicant authority of the grounds for refusing a request for assistance.
Article 15
1. Questions concerning periods of limitation shall be governed solely by the laws in force in the country in which the applicant authority is situated.
2. Steps taken in the recovery of claims by the requested authority in pursuance of a request for assistance which, if they had been carried out by the applicant authority, would have had the effect of suspending, interrupting or prolonging the period of limitation according to the laws in force in the country in which the applicant authority is situated, shall be deemed to have been taken in the latter country, in so far as that effect is concerned.
3. The applicant authority and the requested authority shall inform each other of any action which interrupts, suspends or prolongs the limitation period of the claim for which the recovery or precautionary measures were requested, or which may have this effect.
Confidentiality
Article 16
Documents and information sent to the requested authority pursuant to this Appendix may only be communicated by the latter to:
|
(a) |
the person mentioned in the request for assistance; |
|
(b) |
those persons and authorities responsible for the recovery of the claims, and solely for that purpose; |
|
(c) |
the judicial authorities dealing with matters concerning the recovery of the claims. |
Languages
Article 17
1. Requests for assistance and relevant documents shall be accompanied by a translation in the official language, or one of the official languages of the country in which the requested authority is situated or in a language acceptable to such authority.
2. Information and other particulars communicated by the requested authority to the applicant authority shall be conveyed in the official language or one of the official languages of the country where the requested authority is situated or in another language agreed between the applicant and requested authorities.
Costs
Article 18
1. The countries concerned shall renounce all claims upon each other for the reimbursement of costs resulting from mutual assistance, which they grant each other pursuant to this Appendix.
However, where recovery creates a specific problem, concerns a very large amount in costs or relates to organised crime, the applicant and requested authorities may agree reimbursement arrangements specific to the cases in question.
2. Notwithstanding paragraph 1, the country in which the applicant authority is situated shall remain liable to the country in which the requested authority is situated for costs incurred as a result of actions held to be unfounded, as far as either the substance of the claim or the validity of the instrument issued by the applicant authority are concerned.
Authorized authorities
Article 19
The countries shall inform the Commission of its competent authorities authorized to make or receive requests for assistance, as well as of any subsequent relevant changes.
The Commission shall make the information received available to the other countries.
Articles 20 to 22
(This Appendix contains no Articles 20 to 22)
Final Provisions
Article 23
The provisions of this Appendix shall not prevent a greater measure of mutual assistance being afforded either now or in the future by particular countries under any agreements or arrangements, including those for the notification of legal or extra-legal acts.
Articles 24 to 26
(This Appendix contains no Articles 24 to 26)
ANNEXES TO APPENDIX IV
ANNEX I
IMPLEMENTING PROVISIONS
TITLE I
Scope
Article 1
1. This Annex lays down detailed rules for implementing Appendix IV.
2. This Annex also lays down detailed rules on conversion and transfer of sums recovered.
TITLE II
General provisions
Article 1a
1. The applicant authority may make a request for assistance in respect of either a single claim or several claims where those are recoverable from one and the same person.
2. A request for information, notification, recovery or precautionary measures may relate to any of the following persons:
|
(a) |
the debtor or debtors; |
|
(b) |
any person liable for settlement of the claim under the law in force in the country where the applicant authority is situated. |
Where the applicant authority knows that a third party holds assets belonging to one of the persons mentioned in the foregoing subparagraph, the request may also relate to that third party.
3. If the requested authority refuses to handle a request for assistance, it shall notify the applicant authority of the reasons for its refusal, specifying the provisions of Article 4(3) of Appendix IV on which it relies. Such notification shall be given by the requested authority as soon as it has taken its decision and in any event within one month of the date of the acknowledgment of the receipt of the request.
4. Each request for information, notification, recovery or precautionary measures shall indicate whether a similar request has been addressed to any other authority.
TITLE III
Request for information
Article 2
The request for information referred to in Article 4 of Appendix IV shall be made out in writing in accordance with the specimen in Annex II. The said request shall bear the official stamp of the applicant authority and shall be signed by an official thereof duly authorized to make such a request.
(This Annex contains no Article 3)
Article 4
The requested authority shall acknowledge receipt of the request for information in writing (e.g. by e-mail or fax) as soon as possible and in any event within seven days of such receipt.
Upon receipt of the request the requested authority shall, where appropriate, ask the applicant authority to provide any additional information necessary. The applicant authority shall provide all additional necessary information to which it normally has access.
Article 5
1. The requested authority shall transmit each item of requested information to the applicant authority as and when it is obtained.
2. Where all or part of the requested information cannot be obtained within a reasonable time, having regard to the particular case, the requested authority shall so inform the applicant authority, indicating the reasons therefore.
3. In any event, at the end of six months from the date of acknowledgement of receipt of the request, the requested authority shall inform the applicant authority of the outcome of the investigations which it has conducted in order to obtain the information requested.
4. In the light of the information received from the requested authority, the applicant authority may request the latter to continue its investigations. This request shall be made in writing (e.g. by e-mail or fax) within two months from the receipt of the notification of the outcome of the investigations carried out by the requested authority, and shall be treated by the requested authority in accordance with the provisions applying to the initial request.
(This Annex contains no Article 6)
Article 7
The applicant authority may at any time withdraw the request for information, which it has sent to the requested authority. The decision to withdraw shall be transmitted to the requested authority in writing (e.g. by e-mail or fax).
TITLE IV
Request for notification
Article 8
The request for notification referred to in Article 5 of Appendix IV shall be made out in writing in duplicate using the form set out in Annex III. The said request shall bear the official stamp of the applicant authority and shall be signed by an official thereof duly authorized to make such a request.
Two copies of the instrument or decision, notification of which is requested, shall be attached to the request referred to in the foregoing paragraph.
Article 9
The request for notification may relate to any natural or legal person who, in accordance with the law in force in the country where the applicant authority is situated, shall be informed of any instrument or decision, which concerns that person.
Article 10
1. Immediately upon receipt of the request for notification, the requested authority shall take the necessary measures to effect that notification in accordance with the law in force in the country in which it is situated.
If necessary, without prejudice to the final date for notification indicated in the request for notification, the requested authority shall ask the applicant authority to provide additional information.
The applicant authority shall provide all additional information to which it normally has access.
2. The requested authority shall inform the applicant authority of the date of notification as soon as this has been done, by returning to it one of the copies of its request with the certificate on the reverse side duly completed.
TITLE -V
Request for recovery and/or for the taking of precautionary measures
Article 11
1. The request for recovery and/or for the taking of precautionary measures referred to in Articles 6 and 13 of Appendix IV, shall be made out in writing using the form set out in Annex IV. The request, which shall include a declaration that the conditions laid down in Appendix IV for initiating the mutual assistance procedure in the particular case have been fulfilled, shall bear the official stamp of the applicant authority and shall be signed by an official thereof duly authorized to make such a request.
2. The instrument permitting enforcement in the country where the requested authority is situated, accompanying the request shall be completed by or under the responsibility of the applicant authority, based on the initial instrument permitting enforcement in the country where the applicant authority is situated.
2a. The instrument permitting enforcement may be issued in respect of several claims where it concerns one and the same person.
For the purposes of Articles 12 to 19, all claims, which are covered by the same instrument permitting enforcement, shall be deemed to constitute a single claim.
(This Annex contains no Article 12)
Article 13
1. The applicant authority shall state the amounts of the claim to be recovered both in the currency of the country in which it is situated and also in the currency of the country in which the requested authority is situated.
2. The rate of exchange to be used for the purposes of paragraph 1 shall be the latest selling rate recorded on the most representative exchange market or markets of the country in which the applicant authority is situated, on the date when the request for recovery is signed.
Article 14
1. The requested authority shall acknowledge receipt of the request for recovery and/or for the taking of precautionary measures in writing (e.g. by e-mail or fax) as soon as possible and in any event within seven days of its receipt.
2. The requested authority may ask the applicant authority to provide additional information or to complete the instrument permitting enforcement in the requested country, if required. The applicant authority shall provide all additional necessary information to which it normally has access.
Article 15
1. Where, within a reasonable time having regard to the particular case, all or part of the claim cannot be recovered or precautionary measures cannot be taken, the requested authority shall so inform the applicant authority, indicating the reasons therefore.
In the light of the information received from the requested authority, the applicant authority may request the latter to continue the procedure, which it has undertaken for recovery and/or for the taking of precautionary measures. This request shall be made in writing (e.g. by e-mail or fax) within two months from the receipt of the notification of the outcome of the procedure undertaken by the requested authority for recovery and/or for the taking of precautionary measures, and shall be treated by the requested authority in accordance with the provisions applying to the initial request.
2. No later than at the end of each six-months period following the date of acknowledgement of the receipt of the request, the requested authority shall inform the applicant authority of the state of progress or the outcome of the procedure for recovery or for precautionary measures.
3. If the laws, regulations and administrative practices in force in the country where the requested authority is situated do not permit precautionary measures or the recovery measures under Article 12(2a) of Appendix IV, the requested authority shall notify the applicant authority thereof as soon as possible and in the event within one month of the receipt of notification referred to in Article 14(1).
Article 16
Any action contesting the claim or the instrument permitting its enforcement which is taken in the country in which the applicant authority is situated shall be notified to the requested authority in writing (e.g. by e-mail or fax) by the applicant authority immediately after it has been informed of such action.
Article 17
1. If the request for recovery and/or for the taking of precautionary measures becomes nugatory as a result of payment of the claim or of its cancellation or for any other reason, the applicant authority shall immediately inform the requested authority in writing (e.g. by e-mail or fax) so that the latter may stop any action which it has undertaken.
2. Where the amount of the claim which is the subject of the request for recovery and/or for the taking of precautionary measures is amended for any reason, the applicant authority shall immediately inform the requested authority in writing (e.g. by e-mail or fax).
If the amendment consists of a reduction in the amount of the claim, the requested authority shall continue the action which it has undertaken with a view to recovery and/or to the taking of precautionary measures, but that action shall be limited to the amount still outstanding. If, at the time the requested authority is informed of the reduction of the amount of the claim, the original amount has already been recovered by it but the transfer procedure referred to in Article 18 has not yet been initiated, the requested authority shall repay the amount overpaid to the person entitled thereto.
If the amendment consists of an increase in the amount of the claim, the applicant authority shall as soon as possible address to the requested authority an additional request for recovery and/or for the taking of precautionary measures. This additional request shall, as far as possible, be dealt with by the requested authority at the same time as the original request of the applicant authority. Where, in view of the state of progress of the existing procedure, the joinder of the additional request and the original request is not possible, the requested authority shall only be required to comply with the additional request if it concerns an amount not less than that referred to in Article 7 of Appendix IV.
3. To convert the amended amount of the claim into the currency of the country in which the requested authority is situated, the applicant authority shall use the exchange rate used in its original request.
Article 18
Any sum recovered by the requested authority, including, where applicable, the interest referred to in Article 9 (2) of Appendix IV, shall be the subject of a transfer to the applicant authority in the currency of the country in which the requested authority is situated. This transfer shall take place within one month of the date on which the recovery was effected.
However, if recovery measures applied by the requested authority are contested for a reason not falling within the responsibility of the country where the applicant authority is situated, the requested authority may wait to transfer any sums recovered in relation to the claims, until the dispute is settled, if the following conditions are simultaneously fulfilled:
|
(a) |
The requested authority finds it likely that the outcome of this contestation will be favourable to the party concerned, and |
|
(b) |
The applicant authority has not declared that it will reimburse the sums already transferred if the outcome of that contestation is favourable to the party concerned. |
Article 19
Irrespective of any amounts collected by the requested authority by way of interest referred to in Article 9 (2) of Appendix IV, the claim shall be deemed to have been recovered in proportion to the recovery of the amount expressed in the national currency of the country in which the requested authority is situated, on the basis of the exchange rate referred to in Article 13 (2).
TITLE VI
General and final provisions
Article 20
1. A request for assistance may be made by the applicant authority in respect of either a single claim or several claims where these are recoverable from one and the same person.
2. The information provided for in Annexes II, III and IV may be drawn up on plain paper by means of data processing systems provided that the resultant printouts comply with the format of the forms contained in the Annexes.
Article 21
Information and other particulars communicated by the requested authority to the applicant authority shall be made out in the official language or one of the official languages of the country in which the requested authority is situated.
ANNEX II
CONVENTION OF 20 MAY 1987 ON A COMMON TRANSIT PROCEDURE
(Article 4 of Appendix IV)
|
(Description of the applicant authority, address, telephone, e-mail and bank account numbers, etc.) |
|
… (Place and date of sending request) |
|
|
|
… (File reference of applicant authority) |
|
To … (Name of the authority to whom the request is sent, postbox, place, etc.) … … |
|
(Space reserved for the authority to whom the request is sent) |
REQUEST FOR INFORMATION
I, the undersigned,
…
(name and official capacity)
acting as the agent duly authorized by the applicant authority indicated above, hereby request the following information to be obtained in accordance with Article 4 of Appendix IV to the Convention
|
Information relating to the person concerned (1 2) |
Information relating to the claim(s) |
Requested information |
||||||||||
|
{ |
Known (*1 *2) Assumed (*1 *2) |
|
|
||||||||
|
||||||||||||
|
Other requested authorities |
||||||||||||
|
|
… (Signature) (Official stamp) |
|||||||||||
ANNEX III
CONVENTION OF 20 MAY 1987 ON A COMMON TRANSIT PROCEDURE
(Article 5 of Appendix IV)
|
(Description of the applicant authority, address, telephone, e-mail and bank account numbers, etc.) |
|
… (Place and date of sending request) |
|
|
|
… (File reference of applicant authority) |
|
To … (Name of the authority to whom the request is sent, postbox, place, etc.) … … |
|
(Space reserved for the authority to whom the request is sent) |
REQUEST FOR NOTIFICATION
I, the undersigned,
…
(name and official capacity)
acting as the agent duly authorized by the applicant authority indicated above, hereby request notification, pursuant to article 5 of Appendix IV to the Convention of the following instrument / decision (*1 *2).
|
Information relating to the person concerned (1 2) |
Nature and subject of the instrument (or decision) to be notified |
Information relating to the claim(s) |
Other information |
||||||||||
|
{ |
Known (*1 *2) Assumed (*1 *2) |
|
|
|
||||||||
|
|||||||||||||
|
… (Signature) (Official stamp) |
|||||||||||||
CERTIFICATE
The undersigned hereby certifies:
|
— |
that the instrument/decision (*3) attached to the request overleaf has been notified to the addressee referred to in the said request dated ………… The notification was made in the following manner (3) (*3):
|
|
— |
that the instrument/decision (*3) attached to the request overleaf was not to be notified to the addressee referred to in the said request for the following reasons (*3):
|
(*1) delete as appropriate
(1) Natural or legal person
(*2) delete as appropriate
(2) Natural or legal person
(*3) Delete as appropriate.
(3) Indicate exactly whether the notification was made to the addressee in person or by another procedure.
ANNEX IV
CONVENTION OF 20 MAY 1987 ON A COMMON TRANSIT PROCEDURE
(Article 6 to 13 of Appendix IV)
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(Description of the applicant authority, address, telephone, e-mail and bank account numbers, etc.) |
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… (Place and date of sending request) |
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… (File reference of applicant authority) |
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To … (Name of the authority to whom the request is sent, postbox, place, etc.) … … |
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(Space reserved for the authority to whom the request is sent) |
REQUEST FOR RECOVERY/PRECAUTIONARY MEASURES TO BE TAKEN (*1)
I, the undersigned,
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(name and official capacity)
acting as the agent duly authorized by the applicant authority indicated above, hereby request:
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recovery of the following claim(s) covered by the attached unit of execution pursuant to Article 7 of Appendix IV to the Convention; the conditions of Article 7 (2) (a) and (b) are satisfied (*1), |
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precautionary measures to be taken, pursuant to Article 13 of Appendix IV to the Convention in respect of the person mentioned below concerning the claim(s) covered by the attached unit of execution; I attach hereto a statement of the reasons for this request (*1) |
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Information relating to the person concerned (1) |
Information relating to the claim(s) |
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Exact nature of the claim(s) |
Amount expressed in the currency of the country in which the applicant authority is situated |
Amount expressed in the currency of the country in which the requested authority is situated |
Rate of exchange used |
Other information |
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Known (*1) Assumed (*1) |
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Amount of principal (2) |
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Date on which enforcement becomes possible Period of limitation Assets of the debtor held by a third party |
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… |
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Amount of interest up to the date of signature of this document (2) |
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… |
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Amount of costs up to the date of signature of this document (2) |
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… (Signature) (Official stamp) |
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… |
… |
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Total |
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…. |
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Details of documents attached |
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(*1) Delete as appropriate
(1) Natural or legal person
(2) Where the unit of execution is general, indicate the amounts of the different claims