Article 16 Failure of the holder of the decision to fulfil his obligations

United Kingdom

Where the holder of the decision uses the information provided by the customs authorities for purposes other than those provided for in Article 21, the competent customs department F1... may:

(a)

revoke any decision adopted by it granting F2an application to that holder of the decision, and refuse to extend the period during which the customs authorities are to take action;

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The competent customs department may decide to suspend the actions of the customs authorities until the expiry of the period during which those authorities are to take action, where the holder of the decision:

(a)

does not fulfil the notification obligations set out in Article 15;

(b)

does not fulfil the obligation on returning samples set out in Article 19(3);

(c)

does not fulfil the obligations on costs and translation set out in Article 29(1) and (3);

(d)

without valid reason does not initiate proceedings as provided for in Article 23(3) or Article 26(9).

F4...

Annotations

Textual amendments

F1: Words in Art. 16(1) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 13(a)(i) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in Art. 16(1)(a) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 13(a)(ii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
F3: Art. 16(1)(b) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 13(a)(iii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in Art. 16(2) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 13(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)