4

The operator, and any directors or senior employees of the operator—

a

must not have been involved in a breach of an obligation relating to tax or a Customs obligation, which in the opinion of an officer of Revenue and Customs is—

i

a serious breach having regard to the circumstances, nature and number of breaches; and

ii

relevant to the suitability of the operator to operate a TSF; and

b

must not have a criminal conviction which in the opinion of an officer of Revenue and Customs is—

i

serious having regard to the type of conviction; and

ii

relevant to the suitability of the operator to operate a TSF.

5

In this Schedule—

• F2“Customs obligation” has the same meaning as in regulation 2 of the Customs (Import Duty) (EU Exit) Regulations 2018;

• “EUCL” means the direct EU legislation referred to in paragraph 1(1) of Schedule 7 to the Act;

• “EU Customs Code” means—

  1. a

     Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code;

  2. b

     Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning provisions of the Union Customs Code; F3...

  3. c

     Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code; F4and

  4. d

     F5Commission Delegated Regulation (EU) 2016/341 of 17 December 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards transitional rules for certain provisions of the Union Customs Code where the relevant electronic systems are not yet operational and amending Delegated Regulation (EU) 2015/2446;