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Traffic Manual

VII.8.2. Sample letter requesting information from the regime holder

Dear Madam/Dear Sir:
You are the holder of the following common/Union transit declarations:

[References and dates of transit declarations]
from the customs office of departure of [name of the customs office of departure].

We hereby inform you, in accordance with Article 49(2) and (5) of, and Annex II of Appendix I to, the Convention of 20 May 1987 on a Common Transit Procedure/Article 310(2) and (5) of, and Annex 72-04 of, Commission Regulation (EU) 2015/2447 of 24 November 2015 laying down certain provisions for the implementation of Regulation (EU) No 952/2013 of the European Parliament and of the Council establishing the Union Customs Code, that we do not have any evidence of the completion of the transit procedure corresponding to the aforementioned declaration(s).

We ask that you provide data and documentation that demonstrates that the regime has ended. You must also indicate any change in the destination customs office or customs office of transit. We request that you send the requested information within twenty-eight days from the date of this letter.

  • [If you do not provide information or if the information provided is not considered sufficient to carry out inquiries at the destination customs office, a customs debt will be generated one month after the expiration of the aforementioned twenty-eight-day period.]
  • [We must initiate the investigation procedure within two months of the expiry of the deadline for submitting the goods to the customs office of destination.]
  • This is in accordance with Article 114(2) and Annex II of Appendix I to the Convention of 20 May 1987 on a common transit procedure/Article 77 of Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code and Annex 72-04 to Commission Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for the implementation of certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code.

The evidence presented may consist of:

  • a document certified by the customs authorities of the Member State of destination or of a common transit country of destination, identifying the goods and stating that they have been presented to the customs office of destination or have been delivered to an authorized consignee;
  • a customs document or record, certified by the customs authority of a country, stating that the goods have physically left the customs territory of a Contracting Party;
  • a customs document issued in a third country in which the goods are placed under a customs procedure;
  • a document issued in a third country, endorsed or otherwise certified by the customs authorities of that country, stating that the goods are considered to be in free circulation in that country.

Any evidence you submit must comply with Article 51 of Appendix I to the Convention of 20 May 1987 on a common transit procedure/Article 312 of Commission Regulation (EU) 2015/2447 of 24 November 2015 laying down certain provisions for the implementation of Regulation (EU) No 952/2013 of the European Parliament and of the Council establishing the Union Customs Code.

In accordance with Articles 112 and 113 of Appendix I to the Convention of 20 May 1987 on a Common Transit Procedure/Article 79 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, if it is not possible to determine that the procedure relating to the declarations in question has been terminated, you will be deemed to be liable for the debt relating to the goods covered by those declarations (import or export duties and other charges).

If you cannot prove that the relevant transit procedure has ended, please provide all the information at your disposal, including supporting evidence, on the place (country) where you consider that the events giving rise to the debt occurred, in accordance with Article 114 of Appendix I to the Convention of 20 May 1987 on a common transit procedure/Article 87 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code.

Yours sincerely,