II.4.2.2. Procedure for authorizing regular maritime services

Articles 120 and 121 of the AD
Article 39, letter a), UCC

Authorization will only be granted to shipping companies that:

are established in the customs territory of the Union;
do not have a history of serious or repeated violations of customs and tax legislation, in particular that there has been no conviction for a serious crime in relation to their economic activity [note: This condition is considered fulfilled if they have the status of authorized economic operator (AEO)];
undertake to communicate, once the authorization has been issued, to the customs authority that granted the authorization:
- the names of the vessels assigned to cover the regular maritime service;
- the port where the vessel will begin its regular service; and
- ports of call;

undertake not to make any stopovers in a port located outside the customs territory of the Union or in a free zone of an EU port and not to carry out transhipments of goods at sea.

The general rules governing customs decisions upon request apply in full to the authorization to establish regular maritime services. Accordingly, the guidelines described in Part VI, Sections 2.2 to 2.5, apply equally, in addition to the specifications below.

ECONOMIC OPERATORS

The application must specify the Member States in which the scheduled maritime service is operated and may indicate the Member States declared by the applicant with respect to future service projects.

Article 195 of the AE

After examining the application, the competent customs authorities (authorizing customs authorities) will notify, via the Customs Decision System, the customs authorities (consulted customs authorities) of the other Member States in which the maritime service requesting acceptance operates or may do so in the future. The other administrations will indicate their acceptance or rejection. within fifteen days from the notification by the customs authority of authorization. In the event of a refusal, the Member State consulted must indicate the reasons for the refusal and the legal provisions that have been infringed through the Customs Decision System. The authorities of the Member State where the application is submitted shall refuse the authorisation and notify the applicant of the reasons for such refusal.

Article 195 of the AE

In the absence of a response or rejection within fifteen days of receipt of the notification, the customs authorities will issue the authorization to the shipping company.

The authorization must be accepted by the other Member States in which the maritime service operates or may operate in the future.

Article 121 of the AD

ECONOMIC OPERATORS

After being authorized to operate regular maritime services, the shipping company shall register the following information with the authorizing customs authorities:
a) the names of the vessels assigned to cover the regular maritime service;
b) the first port at which the vessel will commence its regular service;
c) ports of call;
and shall notify the authorising customs authority:
d) any modification of the information referred to in letters a), b) and c);
e) the date and time of entry into force of the modifications;
and, if necessary:
f) the names of the charterers.

Article 121 of the AD and Article 196 of the AE

CUSTOMS

All authorization modifications communicated by the shipping company will be recorded in the Customs Decision System within one business day of their communication and will be available to the customs authorities involved in the regular maritime service. The modified registration will take effect on the first business day following the date on which it was made.

All correspondence with other customs administrations involved in regular maritime service will be conducted through the Customs Decision System.
In Annex II.8.4. The list of authorities responsible for the authorization and communication procedure in relation to the regular maritime service is given.

CUSTOMS
Authorization => registration in the electronic system of information and communication of regular maritime services.

Where applicable, the "Other Information" box on the Regular Maritime Service Authorization must be completed with the name(s) of the co-charterers for each vessel.

This information will be completed following the update of the Customs Decision Management System, scheduled for the end of 2020.