VIII.2.4.5.3. Notification to the guarantor

Article 117, paragraph 2, of Appendix I to the Convention
Article 85, paragraph 1, of the AD
Article 117, paragraph 3, of Appendix I to the Convention
Article 85, paragraph 2, of the AD

When the arrangement has not been finalized, the guarantor will be informed of the non-finalization:

• by the competent authorities of the country of departure, by means of the message "Guarantor's Notification" (IE023) or an equivalent notification, within nine months from the date on which the goods should have been presented at the customs office of destination; and, subsequently,
• by the competent authorities responsible for collection, within three years from the date of acceptance of the transit declaration, who may require payment of the amounts guaranteed in respect of the common or Union transit operation concerned.

The first notification (84) must indicate the number and date of acceptance of the transit declaration, the name of the customs office of departure and the holder of the procedure and the text of the notification. If an equivalent notification is used instead of notification IE023, it is recommended to use the same structure.
The second notification must specify the number and date of acceptance of the transit declaration, the name of the customs office of departure, the name of the holder of the procedure, and the amount of the quantities involved.

Article 10, paragraph 1, of Appendix I to the Convention

To facilitate action against the guarantor, it will be necessary for the guarantor to be established in the Contracting Party where the guarantee for a particular common transit operation was provided and to establish a domicile or designate a representative in each of the other Contracting Parties participating in said operation.

Article 82, paragraph 1, of the AD

Where one of these Contracting Parties is the Union, the guarantor shall establish a domicile or designate a representative in each of its Member States. Since the competent authority for collection will not always be the one in the country where the guarantee was provided, it will not necessarily have the data (name and address) relating to the guarantor or his representative in the country in question.

In these cases, the message "Guarantee Inquiry" (IE034) must be used and the response must be given with the message "Guarantee Inquiry Response" (IE037) (85).

When the "Request for Collection" message (IE150) has been sent by the customs office of departure, it may include information about the guarantor and his or her address in the country of the collection authority.

Article 117, paragraph 4, of Appendix I to the Convention
Article 85, paragraph 3, of the AD

Note:

The guarantor will be released from his obligations if any of the notifications are not made within the specified period.

_{(84) This information is included in the message “Guarantor Notification” (IE023).
(85) In the business continuity procedure, the TC30 address application document (see model in Annex 8.3) must be used in such cases.}