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Traffic Manual

VII.3.4.6. Consequences of the results of the investigation procedure

Based on the responses received, including any information from the holder of the regime, the competent authority of the country of departure will determine whether the regime has been terminated, whether it can be terminated, and what further measures need to be taken.

Article 49, paragraph 7, and Article 117, paragraph 5, of Appendix I to the Convention
Article 310, section 7, of the AE

When the transit operation can be adequately completed within the framework of an investigation procedure, the competent authority of the country of departure shall immediately inform the holder of the procedure and the guarantor, if they have participated in the process.

In addition, the competent authority may need to inform other competent authorities involved in the investigation procedure, in particular the customs office of guarantee.

When the competent authority of the country of departure cannot finalize the transit regime, but:

  • the IE006 message has been sent;
  • the IE118 message has been sent; or
  • the holder of the procedure provides proof of presentation or delivery of the goods in another Member State or Contracting Party;

The competent authority of departure shall without delay transfer responsibility to the country deemed competent to initiate the recovery procedure by means of the message "Request for recovery" (IE150).

If message IE006 was sent, the requested authority must send message IE018. If message IE118 exists or proof provided by the holder of the procedure relating to the presentation or delivery of the goods in another Member State or Contracting Party, the customs office of departure must assume its responsibility for recovery and return the message "Notification of acceptance of recovery" (IE151) accepting it (code "1" – acceptance).

Where the requested authority does not respond by forwarding the missing messages (despite its legal obligation to do so) or by assuming its responsibility for collection within 28 days (despite the existence of the above-mentioned proof), the local transit liaison officers (see Transit Network Address Book on the Europa website) of the requested country must be notified of this, with the necessary evidence provided, in order for them to take appropriate action, as it is the responsibility of the requested authority. If this does not have the expected effect, the national assistance office and the national transit coordinator of the country of departure must be informed so that appropriate measures can be taken.

Article 114, paragraph 2, of Appendix I to the Convention
Article 87 of the CAU
Article 77 of the AD

The competent authority of the country of departure shall draw its conclusions no later than seven months after the expiry of the deadline for presenting the goods at destination. If necessary, it will initiate the collection procedure itself (for further information, see Part VIII).

Any additional information received or observations made by a competent authority in relation to the goods in question may have an impact on the results of the investigation procedure.
This will occur specifically if an irregularity or fraud (transfer, substitution, etc.) has been discovered during the transit operation, or if it is established that the goods are, in whole or in part, without customs supervision, and also when the persons responsible for the irregularities or fraud are identified.
Therefore, all relevant information must be immediately communicated to the competent authority of the country of departure.