# The Customs (Import Duty) (EU Exit) Regulations 2018, Regulation 86: Cases in which an application for approval may not be made


(1) A person may not make an application for approval if—
(a) the application is in respect of the same matter as a previous approval;
(b) notice was given as provided by section 23(5)(d) of the Act that the previous approval is treated as if it had never been granted; and
(c) the application is made within a period of three years from the date the notice.
(2) Except as provided by paragraph (3), a person may not make an application for approval if—
(a) the application is in respect of the same matter as a previous approval;
(b) the previous approval was revoked for failure to comply with the conditions of the approval; and
(c) the application is made within a period of one year from the date of the revocation.
(3) A person may not make an application for authorisation as an authorised economic operator if—
(a) a previous authorisation as an authorised economic operator was revoked for failure to comply with the conditions of the authorisation; and
(b) the application is made within a period of three years from the date of the revocation.
(4) For the purposes of this regulation—
(a) references to an approval or authorisation include an approval or authorisation—
(i) granted before IP completion day under the EU Customs Code; or
(ii) treated as valid under Article 251 of the Delegated Regulation,
which corresponds to an approval which may be granted under these Regulations and, in relation to such an approval or authorisation, reference to conditions of the approval or the authorisation includes conditions specified in the EU Customs Code or in the Regulations referred to in Article 251 of the Delegated Regulation; and
(b) a reference to a notice given under section 23(5)(d) of the Act includes a reference to a notification of an annulment of a decision under Article 27 of the UCC where the holder of the decision was notified of the annulment under Article 27(2) of the UCC before IP completion day.

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Source: https://www.legislation.gov.uk/uksi/2018/1248/regulation/86 (the official version)
Page: https://openlegislation.uk/customs-import-duty-eu-exit-regulations-2018/regulation-86
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.