Article 7 Decision

Where the facts as finally ascertained show that the applicant’s assembly operations do not fall within the scope of Article 13(2) of Regulation (EC) No 1225/2009, the applicant’s exemption from the extended duty shall be authorised in accordance with the procedure referred to in Article 13(4) of Regulation (EC) No 1225/2009.

The decision shall have retroactive effect as from the date of receipt of the request. The applicant's customs debt pursuant to Article 2 (1) of the Reference Regulation shall be considered void from that date.

Where the criteria for exemption are not fulfilled, the request shall be rejected in accordance with the procedure referred to in Article 13(4) of Regulation (EC) No 1225/2009 and the suspension of the payment of the extended duty referred to in Article 5 shall be lifted.

Any breach of obligations under Article 6 (2) or any false declaration relating to a decision may constitute a reason for rejecting the request.