The declaration form referred to in Article 3(3) of Regulation (EU) 2018/1672 (‘declaration form’) shall comply with the template set out in Part 1 of Annex I to this Regulation and shall be completed in accordance with the notes on completion specified therein.
Commission Implementing Regulation (EU) 2021/776 of 11 May 2021 establishing templates for certain forms as well as technical rules for the effective exchange of information under Regulation (EU) 2018/1672 of the European Parliament and of the Council on controls on cash entering or leaving the Union
Commission Implementing Regulation (EU) 2021/776 of 11 May 2021 establishing templates for certain forms as well as technical rules for the effective exchange of information under Regulation (EU) 2018/1672 of the European Parliament and of the Council on controls on cash entering or leaving the Union
Article 1 Declaration form
Article 2 Disclosure form
The disclosure form referred to in Article 4(3) of Regulation (EU) 2018/1672 (‘disclosure form’) shall comply with the template set out in Part 2 of Annex I to this Regulation and shall be completed in accordance with the notes on completion specified therein.
Article 3 Additional sheets to the forms
Where the space available on the declaration form or the disclosure form, as the case may be, is not sufficient, additional sheets as in the templates set out in Part 3 or Part 4 of Annex I, respectively, shall be used. Where additional sheets are attached to a declaration or a disclosure form, they shall be deemed to be an integral part of it.
Article 4 Forms for official use
1.
Competent authorities shall use the form for official use as in the template set out in Part 1 of Annex II to this Regulation to record and transmit the information referred to in Article 10(1)(a), (b) and (c) of Regulation (EU) 2018/1672.
2.
Where the obligation to declare accompanied cash under Article 3 of Regulation (EU) 2018/1672 or the obligation to disclose unaccompanied cash under Article 4 of that Regulation has not been fulfilled and competent authorities are required, pursuant to Article 5(3) of that Regulation, to compose an ex officio declaration, they shall use the template set out in Part 1 or Part 2 of Annex I to this Regulation and, if needed in accordance with Article 3 of this Regulation, the template set out in Part 3 or Part 4 of that Annex, respectively. A declaration composed pursuant to this paragraph shall be attached to and transmitted with the form for official use referred to in paragraph 1.
3.
Where the competent authorities detect a carrier with an amount of cash below the threshold referred to in Article 3 of Regulation (EU) 2018/1672 and there are indications that the cash is related to criminal activity, the competent authorities shall use the template set out in Part 1 of Annex I to this Regulation and, if needed in accordance with Article 3 of this Regulation, the template set out in Part 3 of that Annex to record this information. The recording of information pursuant to this paragraph shall be attached to and transmitted with the form for official use referred to in paragraph 1.
4.
Where the competent authorities find that unaccompanied cash below the threshold referred to in Article 4 of Regulation (EU) 2018/1672 is entering or leaving the Union and that there are indications that the cash is related to criminal activity, the competent authorities shall use the template set out in Part 2 of Annex I to this Regulation and, if needed in accordance with Article 3 of this Regulation, the template set out in Part 4 of that Annex to record this information. The recording of information, pursuant to this paragraph shall be attached to and transmitted with the form for official use referred to in paragraph 1.
5.
Where the competent authorities find that for a declaration obtained under Article 3 or 4 of Regulation (EU) 2018/1672 there are indications that the cash is related to criminal activity, the competent authorities shall attach the declaration to and transmit it with the form for official use referred to in paragraph 1.
6.
Competent authorities shall use the form for official use for the transmission of anonymised risk information and risk analysis results, as in the template set out in Part 2 of Annex II to this Regulation to record the anonymised risk information and risk analysis results referred to in Article 10(1)(d) of Regulation (EU) 2018/1672.
Article 5 Exchange of information via the Customs Information System
1.
The competent authorities shall transmit the information recorded in accordance with Articles 3 and 4, Article 5(3) and Article 6 of Regulation (EU) 2018/1672 to the Customs Information System (CIS) in any of the following manners:
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by manually entering the information via the CIS user web interface;
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by exporting the information from the national system(s) and importing it into the CIS using the CIS XML data format;
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by connecting the national system(s) directly to CIS via a system to system interface provided by the CIS.
2.
The competent authorities shall transmit the information referred to in Article 9(1) of Regulation (EU) 2018/1672 to the Financial Intelligence Unit (FIU) of the Member State in which it was obtained by transmitting it to the CIS in accordance with paragraph 1.
3.
The competent authorities shall transmit the information referred to in Article 10(1)(a), (b) and (c) of Regulation (EU) 2018/1672 to the other Member States by transmitting it to the CIS in accordance with paragraph 1.
4.
The competent authorities shall transmit the anonymised risk information and risk analysis results referred to in Article 10(1)(d) of Regulation (EU) 2018/1672 electronically via the CIS to the competent authorities of the other Member States.
5.
The competent authorities shall make available the information referred to in Article 10(1) of Regulation (EU) 2018/1672 to the recipients referred to in Article 10(2) of that Regulation, by transmitting it to the CIS in accordance with paragraphs 3 and 4 of this Article, respectively, where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the Union.
6.
The date of the electronic transmission in accordance with the paragraphs 1, 2, 3 and 4 of this Article shall be considered to be the date of transmission of the information for the purposes of Article 9(3) and Article 10(4) and (5) of Regulation (EU) 2018/1672.