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2016 OAS Guidelines

Section II: Exchange of information between customs authorities and other authorities of the Administration

Within the framework of the AEO authorization process, consultation and, where appropriate, exchange of information between customs and other administrative authorities are of great importance. Depending on each specific case and the applicable legislation, the level and method of this consultation and/or information exchange may vary.

The first case is the general condition provided for in Article 38, paragraph 1, of the UCC, according to which customs authorities grant AEO status after consultation with other competent authorities. The need for such consultation depends on various factors, such as the type of economic activity of the applicant and the goods concerned, or the possibility for customs authorities to carry out checks based on the information at their disposal in order to determine whether the applicant complies with all the obligations to which it is subject under other relevant legislation (e.g. trade policy measures, specific prohibitions or restrictions).

The second case in which an exchange of information with other competent authorities is required is when recognition of AEO status is provided for in other EU legislation. When this happens, it is also customs legislation that defines who these competent authorities are and in which cases the exchange of information with them is mandatory in order to ensure the correct application of the respective recognition
provided. 

A third scenario could be that data exchange could be based on the national level to improve the quality of the pending AEO authorization and the authorization or certificate issued by the other competent government authority or to avoid unnecessary double checks for the economic operator.

  1. Information that customs authorities must send to the competent national authority in matters of civil aviation security

    Article 35(4) of the CAU AE provides that ‘where the AEOS is an accredited agent or a known consignor as defined in Article 3 of Regulation (EC) No 300/2008 and complies with the requirements set out in Regulation (EU) 2015/1998, the competent customs authority shall immediately provide the relevant national authority responsible for civil aviation security with the following minimum information concerning its AEO status:

    • AEOS authorisations, including the name of the authorisation holder and, where applicable, any amendment or revocation thereof, or suspension of the authorised economic operator status and the reasons for such suspension;
    • the reassessments of AEOS authorizations and their results.

    The national authorities responsible for civil aviation security processing the relevant information shall use it exclusively for the purposes of the relevant accredited agent or known consignor programmes and shall implement appropriate technical and organisational measures to ensure the security of the information.

  2. Information that the competent national authority in matters of civil aviation security must send to the customs authorities

    It is also necessary for the national civil aviation security authority to exchange information with national customs authorities to ensure that the status of accredited agent or known consignor, or any related changes that may be relevant to the holding and management of AEO status, are promptly taken into account.

    Points 6.3.1.8 and 6.4.1.7 of the Annex to Commission Implementing Regulation (EU) No 2015/1998 establish that the competent authority shall make available to the customs authority any information related to the status of accredited agent or known consignor that may be relevant for the purpose of holding the AEOS authorisation.

    The customs authorities and the competent national civil aviation authority shall determine and agree on the modalities for the exchange of such information.

  3. Other areas of information exchange

    Customs authorities may take into consideration the results of assessments or audits carried out in accordance with customs legislation to the extent that they are relevant to the examination of the criteria.

    An example of sharing for the benefit of customs, other customs authorities, and the economic operator is information from the Internal Compliance Program (ICP) relevant to dual-use goods, which has a similar objective to that of the AEO program.

    National licensing authorities for dual-use goods and national customs authorities are encouraged to exchange information on AEO-authorized companies and holders of global export authorizations, if permitted by national legislation.