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2016 OAS Guidelines

3.IV.3. Information to the applicant

The applicant will be informed in writing of the following situations:

  • acceptance of the application (Article 22, paragraph 2, second subparagraph of the UCC);
  • the extension of the deadline for adopting a decision provided for in Article 28 of the AD CAU;
  • the extension of the time limit for taking a decision due to the conduct of investigations by the customs authorities, unless this would jeopardise such investigations (Article 13, paragraph 4, last sentence, AD CAU):
  • the extension of the deadline for taking a consultation decision (Article 13, paragraph 3, of the AD CAU);
  • the extension of the deadline for taking a decision due to a request for additional information (Article 13, paragraph 1, of the AD CAU);
  • the extension of the deadline due to the applicant's right to be heard (Article 13, paragraph 2, of the AD CAU);
  • Although not expressly required by law, it would be appropriate to also inform the applicant in cases where the applicant requests an extension to make adjustments to ensure compliance with the conditions and criteria (Article 22(3), third subparagraph, of the UCC);
  • Although not expressly required by law, it would be appropriate to also inform the applicant of the extension of the period for taking a decision in the event of pending criminal proceedings (Article 28(2) AD CAU);

The AAE will also inform the applicant of the final decision on their application. In this context, it should be noted that the decisions rejecting the application will state the reasons for the rejection and the right to appeal provided for in Article 44 of the CAU. Before the decision to reject an application is accepted, the economic operator shall be given the opportunity to express its views (Article 22(6) of the UCC).

The customs authorities shall inform the economic operator in writing by any appropriate means (e.g. e.g., a computer system, email, formal letter, etc.).