Authorized economic operators

AUTHORIZED ECONOMIC OPERATORS


AEO STATUS

Starting with 1 January 2008, the Member States may assign, at request, the Authorized Economic Operator status to any economic operator established in the Community who meets Community criteria concerning the control systems, financial solvency and history of compliance with customs requirements.

Granting AEO status is not an obligation imposed to the economic operators; on the contrary, the decision to apply or not for this status is their own choice and selection is made according to their specific situation. Also, authorized economic operators do not have to require that their partners obtain, in their turn, the AEO status.

The legal base for implementing the AEO concept is made of: Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, Commission Regulation (EC) No 1875/2006 of 18 December 2006 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code and Order of the Vicepresident of the National Agency of Fiscal Administration No.9647/2007 approving the Technical Norms for Assigning the Authorised Economic Operator Status, with subsequent amendments and completions.

Three types of certificates, according to art. 14a of Commission Regulation 1875/2006:
AEOC – customs simplifications
AEOS – security and safety
AEOF – customs simplifications/security and safety

The main benefits for the AEO certificates holders are related to the certificate type:
• Facilitation of the access to customs simplifications
According to the customs regulations, economic operators do not need to have AEO status in order to get an authorization for simplifications provided for under the customs legislation. However, if the person requesting a simplification is the holder of an AEO certificate – Customs simplifications (or a joint certificate), the customs authority shall not re-examine those conditions which have already been verified when assigning the AEO status.
• Less physical and documentary controls
• Priority treatment of the transports if selected for controls
• Possibility to request a specific place when carrying out inspections.
AEO certificates holders may request customs control in other places than the respective customs office, where it either takes the shortest time possible, or involves the lowest costs for the AEO. Nevertheless, the decision in question is taken provided that the competent customs authority agrees with it.
• The possibility to get prior notification;
• Reduced set of data to be included in the summary declarations.
The two latter benefits are applicable starting on 1 July 2009 to the AEOS and AEOF certificates holders.

Any economic operator who meets the criteria and get AEO status can benefit from advantages that are not directly linked to the customs side of their activity.

Operators’ investments in increasing their security and safety standards can produce significant positive effects in the following areas: staff safety, standards development, suppliers selection, transportation and conveyance safety, building organizational infrastructure awareness and capabilities, collaboration among supply chain parties, pro-active technology investments and voluntary security compliance.

Some examples of indirect benefits that may result from these positive effects could be as follows:
• reduced thefts and losses
• fewer delayed transports
• improved planning system
• improved customers loyalty
• improved employee commitment
• reduced incidents security and safety
• reduced control costs of suppliers and increased cooperation
• reduced crime and vandalism deeds
• improved security and communication between supply chain partners.

AEO certificates are issued to the applicant and not to its clients. Consequently, the benefits resulted from the AEO status can be used by the authorized economic operators only.

Examples of how an AEO may consolidate security of their supply chain:
- the supply chain may be considered completely secured in the AEO is responsible for the whole supply chain (for instance, if the AEO is both exporter and carrier);
- the AEO cooperates with other AEOs or with economic operators who fulfill equivalent requirements;
- the AEO concludes contractual agreements concerning security with their business partners;
- the subcontractors (for example, carriers) that deliver services for the AEO are selected based on compliance with certain security norms;
- “high security seals” are applied on containers, in compliance with ISO-PAS 17712 standard;
- containers are inspected on location of the subcontractor, at the delivery terminal, as well as on location of the consignee, in order to check whether they were appropriately sealed;
- prior to concluding any contractual agreement, the general information is taken into account received from the bodies in charge with registering the companies (wherever possible) and the products of the partner (high risk goods and sensitive goods);
- installations are used, regulated by international or European certificates of compliance with the security criteria (for example, ISPS code and standards for authorized operators);
- the AEO asks the business partners to fill in a Security Declaration for the Authorized Economic Operators.

For the economic operators established in Romania, AEO certificates can be obtained, at request, from the National Customs Authority by any economic operators involved in the international supply chain, such as: producers, exporters, goods forwarders, customs warehouse keepers, customs representatives, transporters or importers.

In order to obtain more information concerning the AEO concept, the interested persons may consult the AEO Guidelines elaborated by the European Commission, or they can contact, in writing, the National Customs Authority, Str. Matei Millo nr. 13, sector 1, Bucharest, postal code 010144, at e-mail aeo_ro@customs.ro or at phone/fax number: 021 637.30.51 or mobile: 0752.11.92.42.