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Commission Delegated Regulation (EU) 2015/2446Show full title

Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code

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Changes over time for: Article 98

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Point in time view as at 02/09/2018.

Changes to legislation:

There are currently no known outstanding effects by UK legislation for Commission Delegated Regulation (EU) 2015/2446, Article 98. Help about Changes to Legislation

Article 98U.K.Transmission of the file to the Commission for a decision(Article 116(3) of the Code)

1.The Member State shall notify the person concerned of their intention to transmit the file to the Commission before the transmission and give to the person concerned 30 days to sign a statement certifying that he has read the file and stating that he has nothing to add or listing all the additional information that he considers should be included. Where the person concerned does not provide that statement within those 30 days, the person concerned shall be deemed to have read the file and to have nothing to add.

2.Where a Member State transmits a file to the Commission for decision in the cases referred to Article 116(3) of the Code, the file shall include at least the following:

(a)a summary of the case;

(b)detailed information establishing that the conditions referred to in Article 119 or Article 120 of the Code, are fulfilled;

(c)the statement referred to in paragraph 1 or a statement by the Member State certifying that the person concerned is deemed to have read the file and to have nothing to add.

3.The Commission shall acknowledge receipt of the file to the Member State concerned as soon as it has received it.

4.The Commission shall make available to all Member States a copy of the summary of the case referred to in paragraph 2(a) within 15 days from the date on which it received the file.

5.Where the information transmitted by the Member State is not sufficient for the Commission to take a decision, the Commission may request additional information from the Member State.

6.The Commission shall return the file to the Member State and the case shall be deemed never to have been submitted to the Commission in any of the following cases:

(a)the file is obviously incomplete since it contains nothing that would justify its consideration by the Commission;

(b)under the second subparagraph of Article 116(3) of the Code, the case should not have been submitted to the Commission;

(c)the Member State has transmitted to the Commission new information of a nature to alter substantially the presentation of the facts or the legal assessment of the case while the Commission is still considering the file.

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