PART IICUSTOMS-APPROVED TREATMENT OR USE

F1TITLE IIICUSTOMS PROCEDURES WITH ECONOMIC IMPACT

CHAPTER 1Basic provisions common to more than one of the arrangements

Section 5The decision on authorisation

Article 508

1.

Except for the customs warehousing arrangements, the customs authorities may issue a retroactive authorisation.

Without prejudice to paragraphs 2 and 3, a retroactive authorisation shall take effect at the earliest on the date on which the application was submitted.

2.

If an application concerns renewal of an authorisation for the same kind of operation and goods, an authorisation may be granted with retroactive effect from the date the original authorisation expired.

3.

In exceptional circumstances, the retroactive effect of an authorisation may be extended further, but not more than one year before the date the application was submitted, provided a proven economic need exists and:

(a)

the application is not related to attempted deception or to obvious negligence;

(b)

the period of validity which would have been granted under Article 507 is not exceeded;

(c)

the applicant's accounts confirm that all the requirements of the arrangements can be deemed to be met and, where appropriate, the goods can be identified for the period involved, and such accounts allow the arrangements to be controlled; and

(d)

all the formalities necessary to regularise the situation of the goods can be carried out, including, where necessary, the invalidation of the declaration.