1.II.3. What is an economic operator "carrying out customs activities"?

The other aspect that must be considered to determine whether a given applicant is an "economic operator" or not is whether their economic activity is "regulated by customs legislation."

Applications for AEO status may only be accepted from economic operators who, in the course of their professional activity, carry out activities regulated by customs legislation. Based on this definition, several situations arise in which the economic operator cannot apply for this status, since it does not carry out customs activities. For example:

• an EU based supplier who only distributes goods in free circulation to a manufacturer also based in the EU;
• a carrier who moves exclusively goods in free circulation not subject to any other customs procedure in the customs territory of the Union;
• a manufacturer who produces goods solely for the EU internal market and uses raw materials in free circulation;
• a consultant who only provides consulting services or offers advice on customs matters.

The definition of economic operator does not limit the concept of "carrying out activities regulated by customs legislation" exclusively to direct performance. A manufacturer producing goods for export may apply for AEO status even if the export formalities are carried out by a third party.
The concept of AEO protection and security is closely linked to supply chain management. Operators who handle goods subject to customs supervision, or process customs information related to them, may apply for an AEOS.

However, each case must be considered separately, taking into account all the circumstances affecting the economic operator concerned.