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2016 OAS Guidelines

3.III.3.1. Express transport operator

The role of a carrier in the international supply chain is described in Part 1, Section II.4, paragraph f) of these Guidelines. In this commercial sector a subsector is distinguished: that of express transport operators. This subsector includes a relatively small number of economic operators, but considerable volumes of transactions: In some Member States, this subsector accounts for around a third of import shipments and around 50% of export shipments.

This subsector presents several characteristic features:

  • The trading volume is high.
  • Speed of transport and expedited dispatch are of great importance: Short delivery times are an important marketing tool for these companies and are relevant to their customers.
  • There are a large number and wide variety of business partners, ranging from regular corporate clients to occasional private ones.
  • Economic operators often act as customs agents or customs representatives in addition to being carriers.
  • Since the mode of transport is primarily air, these economic operators act as AA or EC, as referred to in Regulation (EC) No. 300/2008(17), and meet the requirements set out in Regulation (EU) No. 2015/1998(18) of the Commission for most of its business operations and activities.
  • Generally, packages and merchandise are transported on our own aircraft or cargo bags and loose packages are provided to other air carriers.
  • Economic operators often have authorization from customs authorities to use simplified customs procedures.

Given these characteristics, there are several subsector-specific risks that require special consideration when economic operators apply for AEO status, namely:

  • The level of violations in the evaluation of the customs compliance criterion. Customs authorities should take into account the high volume of transactions and assess whether infringements are systematic or not, the quality of economic operators' internal controls, and their procedures for identifying and correcting errors (see Part 2, "Criteria for obtaining AEO status," of these Guidelines).
  • The security of the data available for the evaluation of the economic operator's commercial and, where applicable, transport records management system. Given the large volume of data available, customs authorities must consider the measures implemented to protect the economic operator's systems against unauthorized access and intrusions, as well as access to documentation and information processing procedures in the systems used by express transport operators.
  • In assessing appropriate safety and security standards:
    • locations and activities not covered by the status of authorized agent (AA) or known consignor (CE);
    • Failure to comply with agreed security measures, with the risk that the delivered goods may not be safe. Given the wide range of trading partners, customs authorities will need to assess the selection procedures and risk management presented by known and unknown trading partners;
    • intrusion of persons into the company that may constitute a security risk. Given the high volume of business, customs authorities will need to evaluate the procedures for conducting background checks on new employees, both for permanent and temporary positions;
    • inadequate knowledge of safety requirements. Customs authorities should assess the procedures adopted to provide appropriate training addressing the safety and security risks associated with the dispatch of urgent shipments.

(17) Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules for civil aviation security and repealing Regulation (EC) No 2320/2002.(Back)

(18) Commission Regulation (EU) No 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security. (Back)