VIII.2.2.3. Situations in which one or more of the conditions governing the inclusion of goods in the regime are not met
Article 112, paragraph 1, of Appendix I to the Convention
Article 79, section 1, of the CAU
This type of situation may occur during or before the entry of goods into the transit regime, when the facts that would have prevented the authorization from being granted are not discovered until after the exit authorization for the transit regime has been issued. Possible examples of this non-compliance are the cases of inclusion of goods in the regime:
- without a guarantee valid for the transit procedure (because it has been revoked or cancelled or because its validity period has expired) or without validity for the territory concerned (because the operation has transited through a Member State or Contracting Party not covered by the guarantee), or because the reference amount of the comprehensive guarantee or the guarantee waiver has been exceeded;
- by an authorized consignor, but contrary to the rules or requirements of the authorization:
- the cargo has not been sealed;
- The deadline for submitting the shipment at the destination has not been set;
- by the holder of an authorization to use a simplification that has been granted on the basis of incorrect or incomplete information;
- following the cancellation, revocation or suspension of the authorization to use a simplification;
- in which it is subsequently established that one of the conditions established for the use of a simplification is not met (example: not having communicated the change of owner during the authorization process).