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Alcohol, Tobacco, Fuel and Electricity Excise D...docx
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§ 401. Activity licence of registered consignor

(1) An activity licence of a registered consignor grants the right to operate as a registered consignor.

(2) Upon application for an activity licence of a registered consignor, the registered consignor shall submit a written application to the tax authority which shall set out the following information: 1) the time and place of importation of the excise goods; 2) the description of the imported excise goods and the commodity code thereof to the accuracy of eight digits of the CN code and, in the case of alcohol, the ethanol content and quantity in litres shall be recorded and, in the case of fuel, the quantity shall be recorded in accordance with the units used for calculating the excise duty rate set out in § 66 of this Act and, in the case of tobacco products, the quantity shall be recorded in pieces or kilograms; 3) a calculation of the size of the tax liability which may arise or has arisen as specified in subsection 31 (5) of this Act; 4) the name of the consignee and the status of the consignee as a payer of excise duty, number and address of the place of business of the payer of excise duty; 5) address of the place and time of transfer of the excise goods to the consignee; 6) the name, address of the residence or registered office, address of the place of business, contact details of the applicant for the activity licence, requisite information concerning the applicant’s bank and information concerning the applicant's other business activities.

(3) In order to issue an activity licence of a registered consignor, the tax authority has the right to demand that an applicant for the activity licence submit other relevant information in addition to the information specified in subsection (2) of this section.

(4) An activity licence of a registered consignor shall be issued by a decision of the tax authority separately for each dispatch of excise goods. An activity licence of a registered consignor shall be issued if all the following conditions are met: 1) the excise goods to be dispatched to another Member State are imported by the consignor; 2) the excise goods are dispatched to another Member State to a person who has the right to receive excise goods under the excise suspension arrangement; 3) the information specified in subsection (2) of this section has been submitted;. 4) the requirements specified in clauses 40 (1) 1) – 4) and 9) of this Act have been fulfilled.

(5) An activity licence of a registered consignor shall be issued to a registered consignor within seven days as of the date of provision of security and submission of the information specified in this section.

(6) The issue of an activity licence of a registered consignor may be refused if: 1) the person or a member of the management or controlling body of the legal person has, during the twelve months preceding the month of submission of the application, committed at least one of the misdemeanours provided for in §§ 1531–1552 of the Taxation Act for which a natural person was punished by a fine exceeding 100 fine units or a legal person by a fine exceeding 2000 euros or at least one of the offences provided for in §§ 335, 336, 374–3762, 3891–391 and 393 of the Penal Code; [RT I 2010, 22, 108 - entry into force 01.01.2011]  2) the person has violated the conditions provided for in subsection (4) of this section during the twelve months preceding the month of submission of the application for an activity licence.

(7) A registered consignor shall notify immediately of changes to the information specified in subsection (2) of this section. If the information changes, all the conditions provided for in subsection (4) of this section must be fulfilled.

(8) An activity licence of a registered consignor becomes invalid if the information which was basis for the issue of the activity licence changes and the changes do not comply with the conditions set out in subsection (4) of this section. [RT I 2010, 8, 36 - entry into force 01.04.2010]

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