53. Regulation of the Federal Minister of Finance concerning the transfer of the operational settlement of the initial confirmations in the framework of the so-called tourist export by private enterprises (Customs-Tourist Export-Informatics-Regulation- Customs-TE-Inf-V)
On the basis of Section 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 arranged:
§ 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 conditions.
(2) The operational processing of the initial confirmations within the meaning of Section 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 an export certificate, which has been submitted in accordance with the paper, and which has been issued with the confirmation of the initial confirmation.
(3) The authorization shall only be granted if the applicant's previous conduct guarantees compliance with customs and tax rules and the information technology procedure he uses is the correctness and completeness of the transmission and the reproduction of the data to the customs administration. 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 necessary data for the initial confirmation in accordance with Appendix 1 shall be carried out in electronic form within the framework of the procedure provided for in this case.
(2) Without prejudice to the provision of § 6 (emergency procedure), the competent customs office may depart from the direct electronic collection of the data by the holder of the authorization in electronic form on the basis of points of departure. 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 such 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 be effected in electronic form. In the case of a paper template, the confirmation is done by means of stamp imprint, which according to the pattern Appendix 2 .
§ 4. (1) Access to the electronically collected data shall 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 transfer 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 link.
(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 assigned to the customs authorities by the holder of the authorization .
(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 shall, for reasons of expediency, for administrative reasons, and taking account of economic needs, shall have the periods and the locations in which the operational management of the The initial confirmations shall be determined in the authorization.
§ 6. (1) In the event of a system failure, an emergency procedure shall be applied 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 the competent customs office by fax or by e-mail, or
direct presentation of 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 authorization, or shall not consent to the acceptance of the documents. Confirmation of delivery 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 process.
(4) The data required in accordance with Appendix 1 the documents submitted in writing in the emergency procedure shall be immediately re-recorded by the holder of the authorization as soon as the system is available again in the information processing procedure.
§ 7. Failure to comply with the conditions laid down in the authorization shall constitute a reason for the revocation of the authorization.