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Alcohol, Tobacco, Fuel and Electricity Excise D...docx
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§ 41. Registration of excise warehousekeepers, registered consignees, registered consignors and tax representatives in information system

(1) Upon the issue of an excise warehouse activity licence, an activity licence of a registered consignee, an activity licence of a registered consignor or an activity licence of a tax representative to the applicant therefor, the tax authority shall register the applicant in the electronic information system of the tax authority and assign an excise warehousekeeper, registered consignee, registered consignor or tax representative number respectively to the applicant.

(2) The information to be entered in the information system and the combination of excise warehousekeeper, registered consignee, registered consignor and tax representative numbers shall be established by a regulation of the Minister of Finance.

(3) The tax authority shall disclose information on whether a person has been registered as an excise warehousekeeper, registered consignee, registered consignor or tax representative.

(4) The tax authority shall release the following data entered in the information system to a competent state authority of another Member State: 1) the excise warehousekeeper number, registered consignee number or registered consignor number; 2) the address of the excise warehousekeeper, registered consignee or registered consignor; 3) the type of excise goods which the excise warehousekeeper or registered consignee may receive and the type of excise goods which the registered consignor may dispatch to another Member State; 4) the address of the regional structural unit of the tax authority exercising supervision over the excise warehouse or the place of business of the registered consignee and the activities of the registered consignor; 5) the date of issue and the period of validity of the activity licence of the excise warehousekeeper, registered consignee and registered consignor.

(5) The data entered in the information system specified in subsection (1) of this section are, pursuant to the Taxation Act, a part of the register of taxable persons. [RT I 2010, 8, 36 - entry into force 01.04.2010]

§ 42. Suspension of excise warehouse activity licence and activity licence of registered consignee

(1) The tax authority shall suspend an excise warehouse activity licence or an activity licence of a registered consignee if 1) there is no security; 2) at least five days before the expiry of security the excise warehousekeeper or the registered consignee has not provided new security, or 3) bankruptcy proceedings have been brought against the excise warehousekeeper or the registered consignee. [RT I 2010, 8, 36 - entry into force 01.03.2010]

(2) The tax authority may suspend an excise warehouse activity licence or an activity licence of a registered consignee if: [RT I 2010, 8, 36 - entry into force 01.04.2010]  1) proceedings have been initiated against the holder of the licence concerning a misdemeanour provided for in §§ 1531–1552 of the Taxation Act or violation of the customs rules provided for in the Customs Act, for which the punishment prescribed is a fine exceeding 100 fine units in the case of a natural person and a fine exceeding 2000 euros in the case of a legal person; [RT I 2010, 22, 108 - entry into force 01.01.2011]  2) proceedings have been initiated against the holder of the licence concerning at least one offence provided for in §§ 335, 336, 374–3762, 3891–391 and 393 of the Penal Code; [RT I 2010, 8, 36 - entry into force 01.03.2010]  3) the holder of the licence has submitted false information or falsified documents upon application for the excise warehouse activity licence or the activity licence of a registered consignee or has made changes in the information on the basis of which the activity licence was applied for and applied the changes without acceptance of the tax authority; [RT I 2010, 8, 36 - entry into force 01.03.2010]  4) the security of the holder of the licence does not comply with the requirements of the Taxation Act; 5) the holder of the licence has failed to comply with an administrative act of the tax authority concerning the failure to comply with the requirements of this Act or; [RT I 2010, 8, 36 - entry into force 01.04.2010]  6) the holder of the licence submits an application for the suspension of the excise warehouse activity licence or the activity licence of a registered consignee issued to the holder. [RT I 2008, 49, 272 - entry into force 01.01.2009]

(3) An excise warehouse activity licence or an activity licence of a registered consignee may be suspended for up to sixty days or until a decision concerning the violation specified in subsection (2) of this section enters into force. [RT I 2008, 49, 272 - entry into force 01.01.2009]

(4) A registered consignee whose activity licence has been suspended shall not receive excise goods under an excise suspension arrangement. [RT I 2008, 49, 272 - entry into force 01.01.2009]

(5) An excise warehousekeeper whose activity licence has been suspended shall not: 1) receive excise goods under an excise suspension arrangement; 2) dispatch excise goods under an excise suspension arrangement, except in the case the excise goods are received at the consignor; 3) produce excise goods, with the exception of denaturing of alcohol. [RT I 2010, 8, 36 - entry into force 01.03.2010]

(6) Production of excise goods under an excise suspension arrangement the production of which is uncompleted on the date of the suspension of an excise warehouse activity licence may be continued with the permission of the tax authority. [RT I 2008, 49, 272 - entry into force 01.01.2009]

(7) An excise warehousekeeper or a registered consignee may continue activities on the basis of a written decision of tax authority or a person authorised by him or her. [RT I 2010, 8, 36 - entry into force 01.04.2010]

(8) Before making a decision concerning the suspension of an activity licence, the tax authority may impose a penalty payment upon failure to comply with an administrative act prepared for compliance with the requirements of this Act. The upper limit for a penalty payment is 3200 euros unless the upper limit of penalty payment has been provided for in the Taxation Act. [RT I 2010, 22, 108 - entry into force 01.01.2011]

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