VIII.2.4.5.1. Guarantor's liability and release

Article 117, paragraph 1, of Appendix I to the Convention

Article 98, section 1, of the CAU

The guarantor's joint and several liability for any debt incurred by his client, the holder of the scheme, shall continue as long as there is a possibility that said debt may become payable, provided that:

• the holder of the regime is certainly the debtor of the debt arising within the framework of a transit operation covered by a guarantee provided by the guarantor;
• the debt has not been extinguished, in particular by payment, or may still arise;
• the amount of debt to be paid does not exceed the maximum amount guaranteed by the guarantor (83);
• the guarantor has not been released from his obligations due to a lack of notification by the competent authority within the prescribed time limits.

Article 117, paragraph 3, of Appendix I to the Convention

Article 98 of the CAU 

Article 85, paragraph 3, of the AD

Thus, the guarantor cannot be released from his obligations as long as he can be required to fulfill his commitments in accordance with the foregoing.

_{(83) The guarantor shall be jointly and severally liable for payment of the maximum amount, which may be 100%/50%/30% of the reference amount. For further information, see Part III — Warranties.}