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Union Customs Code — Article 39

The article's text

Article 39 Granting of status The criteria for the granting of the status of authorised economic operator shall be the following: (a) the absence of any serious infringement or repeated infringements of customs legislation and taxation rules, including no record of serious criminal offences relating to the economic activity of the applicant; (b) the demonstration by the applicant of a high level of control of his or her operations and of the flow of goods, by means of a system of managing commercial and, where appropriate, transport records, which allows appropriate customs controls; (c) financial solvency, which shall be deemed to be proven where the applicant has good financial standing, which enables him or her to fulfil his or her commitments, with due regard to the 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 (e) with regard to the authorisation referred to in point (b) of Article 38(2), appropriate security and safety standards, which shall be considered as fulfill
full text
ed where the applicant demonstrates that he or she maintains appropriate measures to ensure the security and safety of the international supply chain including in the areas of physical integrity and access controls, logistical processes and handling of specific types of goods, personnel and identification of his or her business partners.

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.

2
business association
1
ACADEMIC_RESEARCH_INSTITTUTION
1
company
WhoCountryWhat they wrote
CONFIAD - CONFEDERATION INTERNATIONALE DES AGENTS EN DOUANEBEe national customs administration, the custom agent must demonstrate that he or she has complied with the requirements set out in Article 39 of the UCC. ↗
Business & Science PolandPL2 ust. 1 UKC, zgodnie z art. 150 RD udzielane jest pod warunkiem spełnienia przez wnioskodawcę warunków i kryteriów określonych w art. 39 lit. a), b) i d) UKC (z pewnymi przypadkami wyłączeń wynikających z art. 150 RD), czyli części kryteriów do uzyskania pozw ↗
InterDigital, Inc.BEommission, Section 337 Investigations, Answers to Frequently Asked Questions. 7 The Union Customs Code (Regulation EU 952/2013), Article 39(a). 8 European Commission, Authorised Economic Operators Guidelines, 11 March 2016, section 2.I.4. 9 The Union Customs ↗
University of Bologna - PhD thesisITrives from the Customs Code’s use of “serious infringement” to deny the status of an authorised economic operator. In fact, under Article 39 of the UCC, the criteria for granting the status of authorised economic operator include354 the absence of any serious ↗

Source: public consultation submissions and position papers. n = 4 mentions; counted as a literal reference to the article number.

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