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Traffic Manual

VIII.3.3.5. Acceptance of the collection by the requested authority

Article 115 of Appendix I to the Convention
Article 87, section 4, of the CAU
Article 311 of the AE

The competent authority requested for collection or for the transfer of collection powers shall respond to the request by means of the message "Notification of Acceptance of Collection" (IE151) indicating "Yes" or "No" to the transfer of powers (if the message IE118 or IE006 is not presented). If the response is negative, the country of origin retains jurisdiction, and if the response is affirmative, jurisdiction will be transferred to the country that accepts the request, which will initiate the collection procedure. The country of departure must inform the holder of the regime accordingly.

The "Collection Acceptance Notification" (IE151) message will be sent within twenty-eight days.

If the customs debt is less than €10,000, even if the customs office responsible for collection is not the customs office of departure (i.e., the customs office of destination or transit), the customs office must first send message IE150 to the customs office of departure, which will always respond with message IE151 indicating "Yes". The customs office responsible for collection shall then enter the reference to Article 87(4) of the UCC (91) in the IE150 message. The customs office of departure cannot alter the jurisdiction, although it must be informed so that it can properly supervise the entire collection process.

Note:
Common transit operations (example: Italy – Switzerland – Germany)
If a "Border Crossing Notice" (IE118) message is found to have been presented at a customs crossing upon entry into another Contracting Party (in Switzerland; and none has been presented upon entry into Germany), that authority will accept the application for recovery and will send without delay (within a maximum of twenty-eight days) the message "Notification of Acceptance of Recovery" (IE151), indicating "Yes" for the transfer of competence. The country that accepts responsibility will then initiate the collection procedure.

Union transit operations between two points in the customs territory of the Union via a third country Çexample: Union (Poland) – Ukraine – Union (Romania)Ç

Where a "Border Crossing Notice" (IE118) message is found to have been lodged at a customs office of passage in another Member State (Romania) and the competent authority of the country of departure has concluded that that Member State is competent to proceed with recovery, the authority receiving the "Request for recovery" (IE150) shall accept that request and send the "Notification of acceptance of recovery" (IE151) message indicating "Yes" for the transfer of competence without delay (within 28 days at the latest). The country that agrees to assume the responsibility will then initiate the collection procedure.

Union transit operations between two points in the customs territory of the Union (example: Lithuania-France)

If the customs authority of the country of destination determines that a customs debt has arisen, but the amount of the debt is less than €10,000, it will send a "Request for Recovery" (IE150) including a reference to Article 87(4) of the UCC to the customs authority of departure, requesting the transfer of jurisdiction. The authority receiving this message will accept the request and send without delay (within a maximum of twenty-eight days) the message "Notification of Acceptance of Collection" (IE151), indicating "Yes" for the transfer of authority. The country that agrees to assume the responsibility will then initiate the collection procedure.

CUSTOMS

Lack of response to the collection request

Where the requested competent authority at destination does not respond either by sending the "Response to Investigation Request" message (IE143) or by assuming responsibility for recovery by sending the "Notification of Recovery Acceptance" message (IE151) within the agreed time limit (maximum 28 days), the local transit liaison officers (see Transit Network Address Book on the Europa website) of the requested country must be notified, with the necessary evidence, in order for them to take appropriate action, as it will be 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. In any case, the competent authority of the country of departure will ensure that the competition is accepted before revoking its collection measures.

The same procedure applies when the competent collecting authority is located in a transit country (i.e. if a "Border Crossing Notice" (IE118) message has been sent to the customs office of departure, but the goods have not been delivered at the place of destination).
Please note that there is a legal obligation to respond to these messages.

(91) Exclusively in the Union transit system.