1. Quantities of products cleared through customs for use in special depots which cannot be presented to the customs department during its inspections and whose delivery to users benefiting from the special customs or tax arrangements cannot be justified are liable to the duties and taxes payable on products of the same type under the normal arrangements, less any duties and taxes payable under the special arrangements.
The customs declarant of the products and the holder of the authorisation to operate the special depot are jointly and severally liable for payment of these duties and taxes.
2. However, the sums payable pursuant to the preceding paragraph shall be remitted where it can be shown that these deficits are due to causes depending on the nature of the product, to an act of God or to force majeure.