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HMRC internal manual

Customs Authorisation and Approval

Customs Decisions in relation to authorisations and approvals: Consultation between customs authorities

When completing all the checks and activities relating to making a decision, the decision-taking customs authority may be required to consult with the customs authority in another Member State to ensure fulfilment of the necessary conditions and criteria.

This consultation shall be performed within the time limit for taking the decision concerned referred in section CAA02040, for example, 120 days.

The time limit for the consulted authority to respond shall be established by the decision-taking authority and start from the date the conditions and criteria to be checked are communicated to the customs authority being consulted.

Where the consulted authority establishes that the applicant does not fulfil the conditions and criteria, the results passed back to the decision-taking authority must be well documented and justified to enable them to make and defend an adverse decision.

If the consulted customs authority does not respond within the specified time limit the conditions and criteria which led to the consultation shall be deemed to be fulfilled.

The consultation period may be extended by the decision-taking authority if the consulted authority requires more time.  This should not result in a delay to the overall time limit provided for taking a decision. 

In circumstances where a decision cannot be reached within the time limit referred to in section CAA02040 please refer to section CAA02070.

A copy of the communications between Member States must be attached to the original application and retained within the economic operator’s file.