Applying for an authorisation for a Special Procedure: acceptance and refusal of an application
Acceptance of an application
An application for a decision must not be accepted until the acceptance conditions (detailed below) have been verified. The Delegated Acts provide a period of 30 days from the date of receipt of an application to complete this assessment.
Officers should try to perform these tests as soon as possible after receipt as the clock for taking a decision on an application starts from the date on which these conditions are deemed to be fulfilled.
If the application was therefore acceptable on the date of receipt (1 March) but the acceptance tests were not completed until 15 March then the clock for taking a decision on the application started on 1 March.
In order to be accepted as a valid application the conditions below must be fulfilled.
Refusal of an application
Failure to fulfil the conditions will result in the refusal of the application.
Refusal of an application is not subject to Right to be Heard as no adverse decision has been taken.
Conditions for acceptance
The application does not relate to an authorisation or approval which was annulled or revoked:
- Decisions revoked: due to non-compliance with the criteria or conditions generally a restriction of 1 year is placed on the applicant reapplying for authorisation or approval. This is extended to 3 years where the application relates to AEO (Article 11 DA).
- Decisions annulled as a result of the applicant providing information that was incomplete or incorrect where, if the information had been complete and correct the decision would not have been issued. A restriction of 3 years is placed on the applicant reapplying (Article 27(1) of the Code).
- A valid EORI number is held by the applicant and the applicant is established in the Union.
- The application has been submitted to the correct customs authority (for most procedures this will be the Member State in which the applicant is established (has its main place of business/ is registered for EORI purposes/wishes to use the procedure).
- All the information necessary to make a decision has been received.
For further information please see:
Accepting an application/CAA02020
Formal letter - acceptance of application/CAA11030
Refusing an application/CAA02030
Formal letter - refusing an application/CAA11040
Template for acceptance of an application/CAA09100
Template for refusal of an application/CAA09110