09 September 2022

CLECAT MEETS ECA TO DISCUSS AEO

CLECAT met with the European Court of Auditors (ECA) in Brussels earlier this week, to discuss the implementation of the EU AEO programme, as part of an ongoing AEO performance audit carried out by the ECA. The meeting discussed the functioning of the AEO programme, including the implementation of the legislation and guidelines, the authorisation processes, the customs controls made by EU Member States and the mutual recognition of AEOs with other countries.

It was recognised that there are still a lot of instances where Member Staters deviate in their implementation of the entire programme, including authorisation, monitoring and controls, and awarded benefits. This divergence in implementation makes it difficult for an AEO to be equally treated across the EU and to receive the same benefits, also due to lack of practical information. These issues create the real risks of ‘customs shopping’ and distortion of the level playing field for businesses in the Single Market.

The ECA team was also particularly interested to know if European freight forwarders and customs brokers consider that currently, the AEO programme delivers a balance between compliance and facilitation. CLECAT members noted the high costs for obtaining and maintaining an AEO certification – costs relating to financial and human resources, process and IT adjustments – that affect the whole structure of a company. At the same time, however, it is difficult for companies to see what the real benefits are of becoming AEO. The EU remains a patchwork of uneven and sometimes incorrect implementation of the AEO benefits and major simplifications. The lack of such balance is further fuelled by the missing trust in AEOs, which is supposed to be the foundation of a good customs-to-business partnership.

Discussing the recommendations of the Wise Persons Group, CLECAT highlighted the importance of avoiding unequal opportunities and discrimination in the future AEO scheme and recognizing the role and importance of customs intermediaries.

CLECAT looks forward to the publication of the ECA’s report and hopes that the findings will be taken into consideration in the legislative process for the ongoing reform of the UCC, which will also cover the EU AEO programme.