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Regulation 93 Eligibility criteria for authorised economic operatorsC1C2C3C4I1I2

(1)

A person may only be an authorised economic operator if—

(a)

the person is established in the United Kingdom;

(b)

the person is registered as an economic operator under Article 9 of the UCC;

(c)

the person, and any directors or senior employees of that person, have not been involved in a breach of an obligation relating to tax or a Customs obligation, which in the opinion of an HMRC officer is—

(i)

a serious breach having regard to the circumstances and nature of any breach and the number of any breaches; and

(ii)

relevant to the suitability of that person to be an authorised economic operator;

(d)

the person, and any directors or senior employees of that person, have no criminal convictions which in the opinion of an HMRC officer are—

(i)

serious having regard to the type of conviction; and

(ii)

relevant to the suitability of that person to be an authorised economic operator;

(e)

the person maintains a logistical system and records that identify the movement of, and transactions in, chargeable goods M1 and domestic goods M2 and facilitates compliance with Customs obligations;

(f)

in the opinion of an HMRC officer, the person's financial standing makes that person suitable to be an authorised economic operator; and

(g)

the person meets any professional standards of competence specified in a notice published by HMRC or, in the opinion of an HMRC officer, the person's practical experience makes that person suitable to be an authorised economic operator.

(2)

HMRC may publish a notice specifying professional standards of competence.

Annotations

Marginal citations

M1

“Chargeable goods” is defined in section 2 of the Act.

M2

“Domestic goods” is defined in section 33 of the Act.

Modifications

C1

Pt. 9 modified (31.12.2020) by The Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018 (S.I. 2018/1249), regs. 1(2), 42(4); S.I. 2020/1643, reg. 2, Sch.

C2

Pts. 1-10 applied (with modifications) (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 32; S.I. 2020/1643, reg. 2, Sch.

C3

Pt. 9 applied (with modifications) (22.2.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Customs (Export) (EU Exit) Regulations 2019 (S.I. 2019/108), regs. 1(3)(d), 59(1); S.I. 2020/1643, reg. 2, Sch.

C4

Pt. 9 modified (1.10.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Customs (Bulk Customs Declaration and Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/967), regs. 1(2)(4)(b), 3(2); S.I. 2020/1643, reg. 2, Sch.

Commencement

I1

Reg. 93 in force at 2.1.2019 for specified purposes, see reg. 1(4)(c)

I2

Reg. 93 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1643, reg. 2, Sch.

Notes on Part 9

Modifications

C1

Pt. 9 modified (2.1.2019) by The Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018 (S.I. 2018/1249), regs. 1(3)(c), 3 (with reg. 8)

C2

Pt. 9 applied (with modifications) (22.2.2019 for specified purposes) by The Customs (Export) (EU Exit) Regulations 2019 (S.I. 2019/108), regs. 1(3)(d), 59(1)