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2016 OAS Guidelines

4.I.3. Media

All information relating to information and consultation procedures must be provided primarily through the SOE system by using the appropriate codes.

However, in some cases the necessary information cannot be exchanged through the SOE system. In order to decide how to proceed, it is important to examine whether the information in question is sensitive or not. Furthermore, sometimes the information is not sensitive, but due to its format it cannot be encoded and therefore exchanged through the SOE system (unstructured information, attachments, etc.). In such cases, Member States may use all communication channels at their disposal, including contacts within the AEO networks.

In other cases, the information is sensitive but cannot be exchanged through the SOE system, despite being a secure method, due to formatting issues. Examples include suspicion of an AEO's involvement in illegal activities, specific risks related to the AEO, or any other matter where disclosure of relevant information could cause problems for customs (jeopardizing checks or controls) or the economic operator.

To send this type of sensitive information, which cannot be exchanged through the SOE system due to its format, the Customs Risk Management System (CRMS) must be used.

It is also worth noting that, in the event of a negative decision, the AAE must draft a justified administrative act addressed to the economic operator. Therefore, when the consulted customs authority determines that the applicant does not meet one or more of the conditions and criteria for adopting a favourable decision, the results, duly documented and justified, shall be communicated to the AAE (Article 14, paragraph
, of the AE CAU).