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Union Customs Code — Article 38

The article's text

Article 38 Application and authorisation 1. An economic operator who is established in the customs territory of the Union and who meets the criteria set out in Article 39 may apply for the status of authorised economic operator. The customs authorities shall, following consultation with other competent authorities if necessary, grant that status, which shall be subject to monitoring. 2. The status of authorised economic operator shall consist in the following types of authorisations: (a) that of an authorised economic operator for customs simplifications, which shall enable the holder to benefit from certain simplifications in accordance with the customs legislation; or (b) that of an authorised economic operator for security and safety that shall entitle the holder to facilitations relating to security and safety. operator for security and safety that shall entitle the holder to facilitations relating to security and safety. 3. Both types of authorisations referred to in paragraph 2 may be held at the same time. 4. The status of authorised economic operator shall, subject to Articles 39, 40 and 41, be recognised by the customs authorities in all Member States. 5. Customs authori
full text
ties shall, on the basis of the recognition of the status of authorised economic operator for customs simplifications and provided that the requirements related to a specific type of simplification provided for in the customs legislation are fulfilled, authorise the operator to benefit from that simplification. Customs authorities shall not re-examine those criteria which have already been examined when granting the status of authorised economic operator. re-examine those criteria which have already been examined when granting the status of authorised economic operator. 6. The authorised economic operator referred to in paragraph 2 shall enjoy more favourable treatment than other economic operators in respect of customs controls according to the type of authorisation granted, including fewer physical and document-based controls. customs controls according to the type of authorisation granted, including fewer physical and document-based controls. 7. The customs authorities shall grant benefits resulting from the status of authorised economic operator to persons established in countries or territories outside the customs territory of the Union, who fulfil conditions and comply with obligations defined by the relevant legislation of those countries or territories, insofar as those conditions and obligations are recognised by the Union as equivalent to those imposed to authorised economic operators established in the customs territory of the Union. Such a granting of benefits shall be based on the principle of reciprocity unless otherwise decided by the Union, and shall be supported by an international agreement or Union legislation in the area of the common commercial policy.

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

4
business association
1
ACADEMIC_RESEARCH_INSTITTUTION
1
company
WhoCountryWhat they wrote
EYBEa similar condition for applications for the status of Trust and Check trader (although incorporated is not included). Article 38 of the current Union Customs Code only includes a condition to be established in the EU customs territory to become an authorised
UNION DES FABRICANTSFREuropean Commission’s proposal on the need for better exchange of information between customs authorities and economic operators (Article 38), internal customs cooperation (Article 239), cooperation with other authorities (Article 240), or even the possibility
AIM - European Brands AssociationBEation” (Recital 23) should include right holders, as they have data pertinent to IPR. Further, we welcome the clarity provided in Article 38 that “customs authorities and economic operators may exchange any information not specifically required under the custo
Bitkom e.V.DEation” (Recital 23) should include right holders’ data pertinent to IPR. In the latter regard, we welcome the clarity provided in Article 38 that “customs authorities and economic operators may exchange any information not specifically required under the custo
American Chamber of Commerce to the EUBEation’ (Recital 23) should include right holders’ data pertinent to IPR. In the latter regard, we welcome the clarity provided in article 38 that ‘customs authorities and economic operators may exchange any information not specifically required under the custo
University of Bologna - PhD thesisITthe characteristics of the type of business activity concerned; (d) with regard to the authorisation referred to in point (a) of Article 38(2), practical standards of competence or professional qualifications directly related to the activity carried out; and

Source: public consultation submissions and position papers. n = 6 mentions; counted as a literal reference to the article number.

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