2.III.5. Applicants established in the EU for a period of less than three years

If the applicant has been established in the EU for less than three years, it will not be possible to carry out financial controls as thoroughly as for companies established for longer periods. The lack of information about the applicant's financial history increases the risk level for customs authorities. In such circumstances, the proven financial solvency of these companies will be assessed, in accordance with the provisions of Article 26, paragraph 2, of the AE CAU, based on the records and information available at the date of the application. Such information could include interim reports and the latest cash flow, balance sheet, and profit and loss forecasts provided by the company's board members, partners, or, where applicable, the sole proprietor.

Customs authorities should also carefully consider applications from companies that have undergone liquidation processes to avoid their obligations and have restarted their activities under a different name. Where the customs authorities have information showing that the persons exercising control over the applicant have previously exercised control over an undertaking belonging to the same category, and the new undertaking is, for all intents and purposes, the same legal person that was placed in liquidation, such information may be used to question whether the applicant is in a sufficiently sound financial position to satisfy the proven financial solvency criterion.

Furthermore, customs authorities must take into account the possibility that less than three years have passed since the applicant established itself as a result of a business reorganization, but the economic activity remains the same. To assess this criterion, customs authorities may consider the company's accounts, management accounts, financial statements, or any other relevant documents from the previous company, provided that the economic activity has not changed.