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Union Customs Code — Article 22

The article's text

Article 22 Decisions taken upon application 1. Where a person applies for a decision relating to the application of the customs legislation, that person shall supply all the information required by the competent customs authorities in order to enable them to take that decision. A decision may also be applied for by, and taken with regard to, several persons, in accordance with the conditions laid down in the customs legislation. Except where otherwise provided, the competent customs authority shall be that of the place where the applicant's main accounts for customs purposes are held or accessible, and where at least part of the activities to be covered by the decision are to be carried out. are held or accessible, and where at least part of the activities to be covered by the decision are to be carried out. 2. Customs authorities shall, without delay and at the latest within 30 days of receipt of the application for a decision, verify whether the conditions for the acceptance of that application are fulfilled. Where the customs authorities establish that the application contains all the information required in order for them to be able to take the decision, they shall communicate
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its acceptance to the applicant within the period specified in the first subparagraph. decision, they shall communicate its acceptance to the applicant within the period specified in the first subparagraph. 3. The competent customs authority shall take a decision as referred to in paragraph 1, and shall notify the applicant without delay, and at the latest within 120 days of the date of acceptance of the application, except where otherwise provided Where the customs authorities are unable to comply with the time-limit for taking a decision, they shall inform the applicant of that fact before the expiry of that time-limit, stating the reasons and indicating the further period of time which they consider necessary in order to take a decision. Except where otherwise provided, that further period of time shall not exceed 30 days. Without prejudice to the second subparagraph, the customs authorities may extend the time-limit for taking a decision, as laid down in the customs legislation, where the applicant requests an extension to carry out adjustments in order to ensure the fulfilment of the conditions and criteria. Those adjustments and the further period of time necessary to carry them out shall be communicated to the customs authorities, which shall decide on the extension. time necessary to carry them out shall be communicated to the customs authorities, which shall decide on the extension. 4. Except where otherwise specified in the decision or in the customs legislation, the decision shall take effect from the date on which the applicant receives it, or is deemed to have received it. Except in the cases provided for in Article 45(2), decisions adopted shall be enforceable by the customs authorities from that date. 5. Except where otherwise provided in the customs legislation, the decision shall be valid without limitation of time. Except where otherwise provided in the customs legislation, the decision shall be valid without limitation of time. 6. Before taking a decision which would adversely affect the applicant, the customs authorities shall communicate the grounds on which they intend to base their decision to the applicant, who shall be given the opportunity to express his or her point of view within a period prescribed from the date on which he or she receives that communication or is deemed to have received it. Following the expiry of that period, the applicant shall be notified, in the appropriate form, of the decision. The first subparagraph shall not apply in any of the following cases: (a) where it concerns a decision referred to in Article 33(1); (b) in the event of refusal of the benefit of a tariff quota where the specified tariff quota volume is reached, as referred to in the first subparagraph of Article 56(4); (c) where the nature or the level of a threat to the security and safety of the Union and its residents, to human, animal or plant health, to the environment or to consumers so requires; (d) where the decision aims at securing the implementation of another decision for which the first subparagraph has been applied, without prejudice to the law of the Member State concerned; (e) where it would prejudice investigations initiated for the purpose of combating fraud; (f) in other where it would prejudice investigations initiated for the purpose of combating fraud; (f) in other specific cases. 7. A decision which adversely affects the applicant shall set out the grounds on which it is based and shall refer to the right of appeal provided for in Article 44.

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

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business association
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ACADEMIC_RESEARCH_INSTITTUTION
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NGO
WhoCountryWhat they wrote
Federation of German Industries (BDI)DEcht die be- reits bestehende Definition des Artikels 1 Nr. 19 UZK-DA übernommen hat. Die neue Definition könnte in Verbindung mit Artikel 22 Abs. 2 und 3 ins- besondere in den Fällen zu Schwierigkeiten führen, in denen der „Bestim- mer“ nicht in der EU ansässi
World Shipping CouncilBEentry of the goods are mirrored in article 22 for exporters which must be established and registered in the Union also. WSC Observations: WSC does not object to the principle of an importer or exporter being made responsible for the compliance of the goods bro
Finnwatch ryFIy_of_customs_data_legal_briefing.pdf). Although the Commission proposal in part addresses these specific calls (e.g. according to Art 22. data provided to customs would have to include manufacturer for goods to be released for free circulation), it misses an o
Forum Przewoźników EkspresowychPLhe customs authority or in which the VAT has not been paid on time (Article 138i point 15) is in impossible to meet. According to art. 22 point 2 and point 3 UCC the competent customs authority shall take a decision relating to the application of the customs l
DIHK - Association of German Chambers of Commerce and IndustryDEshould be possible to apply for cross-Member State BTIs so that they can be applied uniformly for example within company-groups. Article 22 (I) UCC provides for this but has not yet been implemented. • Companies should be able (or where appropriate be obliged
Forum Przewoźników EkspresowychPLhe customs authority or in which the VAT has not been paid on time (Article 138i point 15) is in impossible to meet. According to art. 22 point 2 and point 3 UCC the competent customs authority shall take a decision relating to the application of the customs l
University of Bologna - PhD thesisITt No 16) and Case 39/75, Coenen, [1975] ECR 1555 (Grounds of judgment Nos 9 and 10)” 22 public powers could be assessed.41 Hence, Article 22(6) of the new Customs Code reproduced the ECJ’s argument42 in favour of the right to a hearing by establishing that, be
l'Union nationale des journalistes de l'UkraineUKation transfrontalière et régionale favorise la compréhension mutuelle de cette "Roadmap - Ares(2018)866055" en ce qui concerne l'article 22 "Lutte contre la criminalité et la corruption" et l'article 23 "Coopération en matière de lutte contre le terrorisme" d

Source: public consultation submissions and position papers. n = 8 mentions; counted as a literal reference to the article number.

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