Section 3, Article 8 · ELAN

Contents

Article 8Documents produced during maintenance or unplanned unavailability of ELAN#

1.Where ELAN or one of its functionalities is unavailable for more than one hour, the national issuing authorities or third country issuing authorities shall produce the documents required to perform customs formalities either on paper or in a national electronic system.

2.In the circumstances described at paragraph 1, documents shall be produced electronically in a national electronic system.When the customs authorities that need to perform the customs clearance of the goods and report the cleared quantities on the relevant documents do not have access to the national electronic system of the issuing authorities or bodies referred to in the first sub-paragraph, those documents shall be printed on paper and shall be in the declarant's possession and at the disposal of the customs authorities at the time when the customs declaration is lodged.

3.Documents printed on paper in accordance with paragraph 1 and with paragraph 2, second subparagraph, shall be duly signed and stamped by the competent issuing authority.All documents produced in accordance with paragraphs 1 and 2 shall bear the text ‘Produced during ELAN unavailability’.

4.In case of documents produced by third countries which are a precondition for issuing licences in accordance with Implementing Regulation (EU) 2020/761, the national authorities issuing the corresponding licence shall indicate the number of the third country document in the licence, and validate the third country document by putting on its back page the stamp of the authority, the signature of an authorised official and its date, as well as the number of the licence linked to that document.The national issuing authority shall retain the original of the documents produced by third countries referred to in the first subparagraph, unless the operator is required to present the document to the customs authorities.

5.In case of documents produced by third countries that must be presented only at customs level, the customs authorities shall validate the document by putting on its back page the stamp of the authority, the signature of an authorised official and the date on which the document has been used.

6.Economic operators shall present the documents printed on paper in accordance with paragraphs 1 to 5 to the customs authorities for the performance of customs controls.