53. Regulation of the Federal Minister of Finance concerning the transfer of the operational settlement of the initial confirmations within the framework of the so-called tourist export by private companies (Customs-Tourist Export-Informatik-Regulation- Customs-TE-Inf-V)
Due to § 6a of the Customs Law Implementing Act, BGBl. No 659/1994 (Customs R-DG), as last amended by BGBl. I No 163/2015, shall be assigned:
§ 1. (1) The authorization within the meaning of § 6a ZollR-DG shall be issued at the request of a private company in the presence of the following requirements.
(2) The operational processing of the initial confirmations within the meaning of § 6a of the Customs R-DG is to be carried out in the context of a computer-computer procedure. The holder of the authorization shall also be responsible for the electronic recording of a paper-based export certificate issued in the form of a paper with an original confirmation.
(3) The authorization shall be granted only if the applicant's previous conduct guarantees compliance with customs and tax rules and the computer science procedure he uses is correct and Completeness of the transmission and reproduction of the data to the customs administration is ensured. The holder of the authorization shall be subject to the customs supervision referred to in section C of the Customs R-DG.
§ 2. (1) The collection of the required data for the confirmation of the initial confirmation pursuant to Appendix 1 has to be carried out in electronic form within the framework of the procedure regulated here.
(2) Without prejudice to the provision of § 6 (emergency procedure), the competent customs office may, in electronic form, from the direct electronic collection of the data by the holder of the authorization, on the basis of Abrogating peaks. This applies only to invoices which do not exceed a total of EUR 200, and only for exceptional cases specified in the framework of the authorisation (e.g. B. Departure points). In these cases, the data shall be subsequently electronically recorded by the holder of the authorization within 3 calendar days after the date of issue of the exit confirmation, and shall be transmitted to the customs authority.
§ 3. The confirmation of the exit of the goods shall in principle take place in electronic form. In the case of a paper template, the confirmation is done using the stamp imprint, which corresponds to the pattern according to Appendix 2 .
§ 4. (1) Access to the electronically collected data is to be guaranteed by the holder of the authorization to the customs authorities without restriction and with the exception of § 2 para. 2 in real time.
(2) In order to ensure the security and protection of the data, the data transmission to the customs authorities and the data access of the customs authorities shall be carried out in accordance with the state of the data technology via a secure data connection.
(3) The access rights and the use of the data in the system of the holder of the authorization shall be made by means of a unique identification by means of a user name and a password to be used by the customs authorities of the Grant holders are assigned.
(4) The holder of the authorization shall be responsible for ensuring that the data available to him are used exclusively for the fulfilment of the formalities in accordance with § 1.
§ 5. (1) The authorized customs office has for reasons of expediency, for administrative reasons, and taking into account the economic needs, the periods and the locations in which the operational settlement of the initial confirmations is to be carried out in the authorization.
§ 6. (1) In the event of a system failure, an emergency procedure shall apply for the proper handling of the procedure. Where the emergency procedure is applied, the formalities referred to in § 1 shall be carried out by written procedure. The necessary documents shall be immediately
to be sent to the responsible customs office by fax or email, or
to submit directly to the customs office.
(2) The competent customs office shall immediately verify the documents submitted to it pursuant to paragraph 1 (1) (1) and issue the consent to the acceptance of the exit confirmation by the holder of the consent or consent to the consent of the competent customs office on the acceptance of the exit confirmation by the holder of the authorization.
(3) Formalities of § 1, which are carried out using an emergency procedure, are considered to be carried out in the computer science procedure.
(4) The required data in accordance with Appendix 1 of the documents submitted in written form in the emergency procedure shall be immediately available from the holder of the authorization as soon as the system is available again. To be able to track down information technology.
§ 7. The failure to comply with the conditions laid down in the authorization constitutes a reason for the revocation of the authorization.