The application that the right holder may lodge shall contain:
- a sufficiently detailed description of the goods to enable the customs authorities to recognise them;
- the length of the period during which the customs officers are requested to take action;
- any other useful information to identify the exporter or the importer.
The application shall be accompanied by proof that the applicant is holder of the right for the said goods, as well as other helpful documents for the identification of the goods.
After examining the application, the General Directorate of Customs issues a ruling that shall be notified to the applicant, within 30 days, according to Article 18 of the Code. The applicant may lodge an appeal against this decision, in conformity with the procedures provided for in Article 19 (4) and Article 20 (5) of the Code. When the application is accepted, the General Directorate establishes a period within which the customs authorities may intervene. This time limit may be extended upon express request of the holder of the right. The ruling for the approval of the request of the holder of the right shall be notified promptly to all customs offices.
The General Directorate of Customs may establish that, once the request is approved, the applicant shall forward a down payment, subject to repayment of any excess amount, to cover any administrative charges occurred by the customs administration for carrying out the service.
The holder of the right shall be obliged to immediately inform the General Directorate of Customs should the right cease to be validly registered or should it expire.
The customs authorities shall immediately inform the applicant about the actions taken. In accordance with the legislation in force regarding the protection of professional, commercial and industrial secrecy, the customs authorities notify the holder of the right, of the name and address of the declarant, and, if known, the name of the consignee of the goods, with a view to allow the applicant to take the legal action provided by the legislation in force in the field. The customs authorities shall afford the applicant the opportunity to inspect the goods whose release has been suspended or which have been seized.
If within 20 days from the notification of the seizure of goods or from the decision to suspend the release of the goods, the customs authorities do not receive a copy of the appeal lodged with the competent authorities by the holder of the right, the customs authorities revoke the decision to suspend the release of the goods or the seizure of the goods and release the goods.
The applicant is responsible for any eventual damage occurred to the importer or a third party. Besides this, he is obliged to forward payment of all eventual charges related to the warehousing of the goods.