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§ 695. Suspension and revocation of permit for exemption from excise duty on energy

(1) The head of the regional structural unit of the Tax and Customs Board of the residence or registered office of a person may suspend a permit for exemption from excise duty on energy if a new security is not provided at least five days before the expiry of the period of validity of the previous security or if, during the period of validity of the permit, the circumstances specified in subsection 42 (2) of this Act exist. A permit for exemption from excise duty on energy may be suspended for up to sixty days or until a decision concerning the violation specified in subsection 42 (2) of this Act enters into force. The activities indicated in a suspended permit for exemption from excise duty on energy may be continued on the basis of a corresponding written decision of the head of a regional structural unit of the Tax and Customs Board

(2) Before making a decision concerning the suspension of a permit for exemption from excise duty on energy, 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]

(3) The head of the regional structural unit of the Tax and Customs Board of the residence or registered office of a person shall revoke a permit for exemption from excise duty on energy if: 1) the activities of the person or body in the field of activity for which the permit for exemption from excise duty on energy was issued have terminated; 2) the person specified in clause 692 (2) 2) does not hold a commercial fishing permit; 3) the circumstances which caused the suspension of the permit for exemption from excise duty on energy continue to exist for sixty days after the date of suspension of the permit, unless the duration of the proceeding regarding a violation specified in subsection 42 (2) of this Act exceeds sixty days; 4) bankruptcy proceedings are brought against the person; 5) a termination or distribution resolution is adopted with regard to the person; 6) the person or body to whom a permit for exemption from excise duty on energy has been issued submits an application for the permit to be revoked; 7) a new permit for exemption from excise duty on energy is issued.

(4) The head of the regional structural unit of the Tax and Customs Board of the residence or registered office of a person may revoke a permit for exemption from excise duty on energy if the persons specified in clauses 692 (2) 1) and 3) do not have a security or if, during the period of validity of the permit, a violation specified in clauses 42 (2) 1), 2) or 3) of this Act has been committed or if the person uses fuel or electricity exempt from excise duty for purposes other than those indicated in the application for the permit for exemption from excise duty.

(5) The persons specified in clauses 692 (2) 1) – 3) of this Act whose permit for exemption from excise duty on energy is revoked for reasons specified in clauses (3) 1)–6) or subsection (4) of this section and who possesses liquid fuel exempt from excise duty shall, within fifteen days as of the date of revocation of the permit for exemption from excise duty, notify in writing if the person is to keep the liquid fuel in the possession thereof, or shall transfer the fuel, destroy the fuel under the supervision of the Tax and Customs Board or dispatch the fuel to an excise warehouse on the condition that the excise warehousekeeper receives the fuel at the consignor. [RT I 2010, 8, 36 - entry into force 01.03.2010]

(6) The Tax and Customs Board shall exercise supervision over the end-use of fuel and electricity exempt from excise duty. [RT I 2008, 49, 272 - entry into force 01.01.2009]

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