Results 1 to 2 of 2
  1. #1

    non discharge NCTS - original customs certified proof of arrival

    Our customers still face many problems with customs in EU member states when it comes to obtaining original customs certified proof that the procedure has ended. Customs authorities claim that the print out of the local customs system should be sufficient to convince the customs office of departure that the goods have been presented to the office of destination.

    Customs in some occassions also claim that this orginal certified proof should be requested by the customs authorities of the office of departure and will not be provided to the principle .

    However, the proof that the procedure has ended within the time limit prescribed in the declaration may be furnished by the principal to the satisfaction of the customs authorities in the form of a document certified by the customs authorities of the Member State of destination identifying the goods and establishing that they have been presented at the office of destination or, where Article 406 applies, to an authorised consignee. Article 366 sub 2 and 3 describes what documents and statement from customs need to proof that the transit procedure has ended.

    Should you face any problems in regarding this issue, please reply to this post and let us know which customs office might face difficluties obtaining the requested document. Contactpersons will help to get more information

    Regards
    Chemado

    ================================================== ======


    COMMISSION REGULATION (EEC) No 2454/93 of 2 July 1993
    laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code


    Enquiry procedure

    Article 365
    1. When the customs authorities of the Member State of departure have not received the ‘arrival advice’ message by the time limit within which the goods must be presented at the office of destination or have not received the ‘control results’ message within six days after the ‘arrival advice’ message has been received, those authorities shall consider launching the enquiry procedure in order to obtain the information needed to discharge the procedure or, where this is not possible:
    — to establish whether a customs debt has been incurred,
    — to identify the debtor, and
    — to determine the customs authorities responsible for recovery.

    2. The enquiry procedure shall start at the latest seven days after the expiry of one of the time limits referred to in paragraph 1, except in exceptional cases defined by the Member States in agreement with each other. If the customs authorities receive information earlier that the transit procedure has not ended, or suspect that to be the case, the enquiry procedure shall be initiated forthwith.

    3. If the customs authorities of the Member State of departure have only received the ‘arrival advice’ message, they shall initiate the enquiry procedure by requesting from the office of destination, which has sent the ‘arrival advice’ message, for the ‘control results’ message.

    4. If the customs authorities of the Member State of departure have not received the ‘arrival advice’ message they shall initiate the enquiry procedure by requesting the information needed to discharge the procedure from the principal or, where sufficient particulars are available for the enquiry at destination, from the office of destination. The principal shall be requested to provide the information needed to
    discharge the procedure at the latest 28 days after the start of the enquiry procedure with the office of destination when the transit operation cannot be discharged.

    5. The office of destination and the principal shall reply to the request, referred to in paragraph 4, within 28 days. If the principal provides sufficient information within this period, the customs authorities of the Member State of departure shall take into account such information or shall discharge the procedure if the information provided so permits.

    6. If the information received from the principal is not sufficient to discharge the procedure, but is sufficient for the enquiry procedure to continue according to the customs authorities of the Member State of departure, it shall immediately initiate a request to the customs office involved.

    7. Where an enquiry establishes that the transit procedure ended correctly, the customs authorities of the Member State of departure shall discharge the procedure and shall immediately inform the principal and, where appropriate, any customs authorities that may have initiated a recovery procedure in accordance with Articles 217 to 232 of the Code.

    Article 365a
    1. When the customs authorities of the Member State of departure, hereinafter referred to as the ‘requesting authorities’, during the enquiry procedure and before the time limit referred to in the first indent of Article 450a expires, obtain evidence by whatever means regarding the place where the events occur from which the customs debt arises, and this place is in another Member State, the customs authorities shall immediately send all the information available to the authorities responsible for that place, hereinafter referred to as the ‘authorities addressed’.

    2. The authorities addressed shall acknowledge receipt of the communication and indicate whether they are responsible for recovery. If no response is received within 28 days, the requesting authorities shall immediately proceed with the enquiry procedure.

    Article 366
    1. The proof that the procedure has ended within the time limit prescribed in the declaration may be furnished by the principal to the satisfaction of the customs authorities in the form of a document certified by the customs authorities of the Member State of destination identifying the goods and establishing that they have been presented at the office of destination or, where Article 406 applies, to an authorised consignee.

    2. The Community transit procedure shall also be considered as having ended where the principal presents, to the satisfaction of the customs authorities, one of the following documents:

    (a) a customs document issued in a third country entering the goods for
    a customs-approved treatment or use;
    (b) a document issued in a third country, stamped by the customs
    authorities of that country and certifying that the goods are considered to be in free circulation in the third country concerned
    .


    3. The documents mentioned in paragraph 2 can be replaced by
    copies or photocopies, certified as true copies by the body which certified the original documents, by the authorities of the third countries concerned or by the authorities of one of the Member States.
    Met vriendelijke groet,
    Franske

  2. #2
    Hi,

    We have noticed that overcarried cargo on T1 documents ( incorrect load due to human error ) are handle as cargo free in circulation at Frankrfurt Airport on instructions of German Customs.

    Even though Airwaybill shows Customs status T1 and handles reports shipments as bonded, the mehrmenge can not be lodged in the NCTS system and cargo is released as " C " status........

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •