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2016 OAS Guidelines

2.IV.1. General provisions

Article 39(d) of the CAU requires an additional criterion for AEOC authorization regarding an adequate level of competence or professional qualifications directly related to the activity carried out. In accordance with Article 27 of the AE CAU, the criterion is considered fulfilled if any of the following conditions are met:

  • The applicant or the person in charge of the applicant's customs affairs has an adequate level of competence, according to one of the following criteria:
    • has proven practical experience of a minimum of three years in customs matters,
    • applies a customs quality standard adopted by a European standardisation body.
  • The applicant or the person responsible for the applicant's customs affairs has successfully completed training on coherent and relevant customs legislation to the extent of their involvement in customs-related activities, provided by any of the following entities:
    • a customs authority of a Member State,
    • 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;
    • 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.

When the applicant uses a contracted person, the criterion will be considered met if the contracted person is an AEOC.

All possibilities of demonstrating compliance with either of the two conditions (adequate level of competence or professional qualifications) are equally sufficient and may be chosen by the applicant; However, they must reflect the applicant's specific involvement in customs-related activities and its role in the supply chain, its status, and the business organization process established within its company.

It should be noted that the person in charge of the applicant's customs affairs may be an employee of the applicant or a contracted person. The applicant must demonstrate that the person hired is actually responsible for his customs affairs.