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2016 OAS Guidelines

2.IV.3. Professional qualifications

Scope

In accordance with Article 27(1)(b) of the CAU AE, the criterion will also be deemed to be met if the applicant has successfully completed training on coherent and relevant customs legislation to the extent of his or her involvement in customs-related activities, provided by any of the following entities:

  1. a customs authority of a Member State,
  2. an educational establishment recognised, for the purposes of such qualification, by the customs authorities or a body responsible for vocational training in a Member State,
  3. a professional or trade association recognised by the customs authorities of a Member State or accredited in the Union, for the purposes of such qualification.

Compliance verification

The training must have been completed in public or private institutions such as universities, customs schools, other specific schools or professional or sectoral associations that offer different preparatory courses in order for a specific authorization, accreditation or registration to be recognized for certain economic operators (e.g. e.g., the profession of customs broker).

The training organization must certify that the student has successfully completed the training.

The applicant or the persons in charge of the applicant's customs affairs who are authorized or hold a certificate or license for the exercise of professional activity in relation to customs affairs (e.g. e.g., customs agents or freight forwarders) may provide appropriate evidence to demonstrate that they meet the criteria of having successfully completed training covering customs matters.

It is also possible that a person within the company who has the legal authority to physically represent the company has successfully completed training in customs matters (e.g. e.g., a person in charge of the applicant company providing brokerage services, such as the president or a member of the board of directors, has passed a customs broker examination). In this case, the applicant meets the condition of professional qualification through this person.

Furthermore, Member States may not have professional accreditation or registration programmes, but do have specific training in customs matters (e.g., e.g., education provided in secondary schools or agreements with public bodies that provide educational services). Customs authorities should consider this type of training sufficient in a given professional context. Member States are urged to further develop these training schemes.

Customs authorities or public or private bodies listed in points ii) and iii) above wishing to implement training to meet the professional qualification condition could consider the EU customs competence framework for the private sector published on the TAXUD website.

This tool is based on a set of common values ​​that every trader or individual working in the private sector and interacting with EU customs administrations should demonstrate.