Section 2

Any person may appoint a customs representative. Such representation may be either direct, in which case the customs representative shall act in the name of and on behalf of another person, or indirect, in which case the customs representative shall act in his own name but on behalf of another person. A customs representative shall be established within the customs territory of the Community. Member States may define, in accordance with Community law, the conditions under which a customs representative may provide services in the Member State where he is established. However, without prejudice to the application of less stringent criteria by the Member State concerned, a customs representative who complies with the criteria laid down in Article 14(a) to (d) shall be entitled to provide such services in a Member State other than the one where he is established. The measures designed to amend non-essential elements of this Regulation, by supplementing it, laying down in particular, the following: the conditions under which the requirement referred to in the third subparagraph of paragraph 1 may be waived; the conditions under which the entitlement referred to in paragraph 2 may be conferred and proved; any further measures for the implementation of this Article, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 184(4). When dealing with the customs authorities, a customs representative shall state that he is acting on behalf of the person represented and specify whether the representation is direct or indirect. A person who fails to state that he is acting as a customs representative or who states that he is acting as a customs representative without being empowered to do so shall be deemed to be acting in his own name and on his own behalf. The customs authorities may require any person stating that he is acting as a customs representative to produce evidence of his empowerment by the person represented. The measures designed to amend non-essential elements of this Regulation, by supplementing it, laying down derogations from the first subparagraph, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 184(4).

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Source: EUR-Lex (Cellar) · retrieved 2026-11-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.