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CORE-Observatory

COMMISSION IMPLEMENTING REGULATION (EU) No 889/2014 of 14 August 2014 amending Regulation (EEC) No 2454/93, as regards recognition of the common security requirements under the regulated agent and known consignor programme and the Authorised Economic Operator programme, 2014 (CORE1069)

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Summary: Existing customs Regulation ((EEC) No 2913/92 establishing the Community Customs Code) and aviation legislation (Regulation (EC) No 300/2008) provides for certain recognition of the certifications under the respective programmes, in particular with regard to the security examinations done for each of them. Regulation (EU) No 889/2014 is necessary for the recognition of the known consignor status with its relevance for the AEO as well, frame the scope of recognition of the common requirements between the respective programmes and allow for the necessary exchange of information between customs and aviation authorities. The 889/2014 is available for download at: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014R0889&from=EN.

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Full review: Commission Regulation (EEC) No 2454/93 now provides that if the applicant for Authorised Economic Operator (AEO) status is already a regulated agent or a known consignor, the criterion on ‘appropriate security and safety standards’ shall be deemed to be met in relation to the premises for which the economic operator obtained the status of regulated agent or known consignor. Points 6.3.1.2 and 6.4.1.2 of the Annex to Commission Regulation (EU) No 185/2010 (4) provide that the appropriate authority, or independent validator acting on its behalf, should take into account whether or not the applicant for regulated agent or known consignor is a holder of an AEO certificate.

The practical implementation of both the customs legislation governing the AEO status and the aviation legislation governing the regulated agent and known consignor has shown that the existing recognition between the programmes is not sufficient to ensure the highest possible synergies between the respective security programmes. The security requirements for both the aviation security regulated agent and known consignor programme and for the customs AEO programme are equivalent to such an extent that both programmes may be aligned further.

Further alignment of both programmes in terms of equal level of recognition, including required exchange of information is necessary in order to decrease the administrative burden for the economic sector concerned and government authorities (both customs and civil aviation) while strengthening further the current level of security.

Regulation (EU) No 889/2014 is necessary for the recognition of the known consignor status with its relevance for the AEO as well, frame the scope of recognition of the common requirements between the respective programmes and allow for the necessary exchange of information between customs and aviation authorities.

The issuing customs authority shall immediately make available to the appropriate national authority responsible for civil aviation security the following minimum information related to the status of authorised economic operator which it has at its disposal:

  • the AEO certificate – security and safety (AEOS) and AEO certificate – customs simplifications/security and safety (AEOF) including the name of the holder of the certificate and, where applicable, their amendment or revocation or the suspension of the status of authorised economic operator and the reasons therefore;
  • information about whether the specific site concerned has been visited by customs authorities, the date of the last visit and the purpose for the visit (authorisation process, reassessment, monitoring); and
  • any reassessments of AEOS and AEOF certificates and the results thereof.

Relevance for CORE: The CORE implementation objectives, which specify what will be done and how to reach the vision, are all subject to the Policies, Regulations, and Standards that exist within the Security Domain of the Global Supply Chain. The following Work Packages are directly impacted by the implementing regulation (EU) No 889/2014:

  • Research and Analysis: Undertake requirements analysis and impact assessment. The project will undertake requirements analysis from different perspectives. In WP1 we will consolidate reviews of SCS regulations policies and standards from Reference Projects and specify implementation support requirements.
  • The Demonstrators: The CORE demonstrators will validate the applicability and benefits of the CORE approach in representative operating scenarios characteristic of the global supply chain. They will specifically show the way towards a Global Secure Supply Chain. The overriding goal is to demonstrate substantial gains in security and facilitation covering every major facet of the supply chain security sector.

The CORE demonstrators affected by the implementing regulation (EU) No 889/2014 are:

  • WP12: Demonstrator Schiphol – apply global data pipeline concept to air cargo supply chains, managing air freight specific trade compliance requirements, and offering supply chain visibility in dashboards. Trade lanes with e.g. Africa, involving multiple inspection authorities.
  • WP17: DHL Demonstrator – managing airfreight trade compliance requirements EU-US in the context of fast supplying of parts.

Also, WP19 is affected here: Stakeholder Engagement – Knowledge Diffusion and Sustainable Development. Specify and apply an inclusive Stakeholder Engagement Strategy emphasizing international co-operation to promote harmonization of regulations, and to support further development and implementation of international standards.

Cross-references and citations:

  • http://ec.europa.eu/transport/modes/air/security/
  • Regulation (EEC) No 2913/92. EU Regulation establishing the Community Customs Code.
  • Regulation (EC) No 300/2008. EU Regulation on common rules in the field of civil aviation security allows that entities complying with certain conditions and requirements may be certified to ensure and contribute to a secure supply chain.
  • Barosso, J. (2014), “COMMISSION IMPLEMENTING REGULATION (EU) No 889/2014 of 14 August 2014 amending Regulation (EEC) No 2454/93, as regards recognition of the common security requirements under the regulated agent and known consignor programme and the Authorised Economic Operator programme”, available at: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014R0889&from=EN.

CORE1069
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AVIATION SECURITY – Transportation Security Administration Has Strengthened Planning to Guide Investments in Key Aviation Security Programs, but More Work Remains, GAO 2008 (CORE1067)

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Summary: This GAO report discusses the impact of the 26 billion USD that the Transportation Security Administration (TSA) has spent on aviation security since 2004. The report focuses especially on the current status and the future challenges of passenger screening, air cargo security and passenger watch-list matching program known as Secure Flight. The air cargo security discussion is the report’s most relevant section from the CORE’s viewpoint. The information in the report, that has been published as early as July 2008, is anyhow largely outdated: it discusses challenges that TSA and the air cargo community need to overcome before starting the 100% screening of air cargo that flies on board passenger planes, a legal requirement that become into force in August 2010 and that was set by the Implementing Recommendation of the 9/11 Commission Act of 2007 (aka the 9/11 Act). The report also recommended strengthening the security of US-bound foreign air cargo (into the US from the rest of the world), to bring it on a par with outbound air cargo security (from the US to rest of the world). More recent regulations and initiatives have corrected this weakness in the US air cargo security: today, third country air carriers must screen cargo up to US standards (or national standards if the country of origin and the US recognize each other’s air cargo regimes) before loading cargo on US-bound planes. The source document is available at: http://www.gao.gov/products/GAO-08-1024T.

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Full review: This GAO report provides useful background information about the US air cargo security regime. This information is going to be useful for the CORE demonstration 17.1 that is about time-critical express shipping of military aircraft parts from the US to Spain. In the demonstration, the express operator DHL ships the parts by plane, and thus compliance with the US air cargo security requirements is one of the key themes of this demo. Also WP 1 might use this GAO report to describe evolution of the US air cargo regime over the years. But though this analysis would be interesting, it is not going to be the essential content in the deliverable of the WP1.

 Cross-references:

  • GAO, Aviation Security: Federal Coordination for Responding to In-flight Security Threats Has Matured, but Procedures Can Be Strengthened, (Washington, D.C.: July 31, 2007).
  • G_A_O_, Aviation Security: Transportation Security Administration May Face Resource and other Challenges in Developing a System to Screen All Cargo Transported on Passenger Aircraft
  • GAO, Aviation Security: Federal Efforts to Secure U.S.-Bound Air Cargo Are in the Early Stages and Could Be Strengthened, GAO-07-660 (Washington, D.C.: April 2007).
  • GAO, Aviation Security: Progress Made in Systematic Planning to Guide Key Investment Decisions, but More Work Remains, GAO-07-448T (Washington, D.C.: February 13, 2007).

Full citation:

U.S. Government Accountability Office (GAO), 2008. Aviation Security – Transportation Security Administration Has Strengthened Planning to Guide Investments in Key Aviation Security Programs.

CORE1067

Additional keywords: Air cargo security, Certified Cargo Screening Program (CCSP)

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Zambia and Zimbabwe’s single-stop solution to boosting intra-African trade, The Guardian 2012 (CORE2008)

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Summary

The Guardian news article summarizes benefits and challenges of the African first one-stop border post, located at the Chirundu border crossing across the Zambezi river between Zambia and Zimbabwe. At the border post, officials in both countries inspect only inbound traffic, for example Zambian authorities control only incoming traffic from Zimbabwe. Thanks to this one-stop arrangement, trucks and barges are obliged to stop only once and undergo only one set of border formalities. The one-stop system has accelerated border crossing times tremendously, from a two or three day wait down to a thirty-minute rest. Moreover, the faster border formalities have translated into higher traffic at the border post (from earlier 2000 to today’s 14000 trucks per month) and associated larger tax and duty revenues. But most importantly, the faster and simpler border formalities have facilitated trade of many small-scale merchants, who commonly trade small amounts of food, clothes, and other everyday commodities. Today, these small merchants face less delays, cumbersome formalities, and arbitrary duties and facilitation payments that dishonest customs officials may impose on their goods. This progress has brought many of the informal merchants, who used to smuggle their merchandise before, back into the sphere of the formal economy. Even so, the smuggling is still a major problem in Africa: the article suggests that there are smuggling routes so established that 30 tonne trucks use them to evade customs controls, and that this informal smuggling economy accounts for a staggering one-third of the African gross domestic product (GDP). The article implies that the share of the informal economy could be further reduced through consolidation of African trade blocks (there are several), harmonization and simplification of border formalities, and enhanced border agency cooperation. The news report is available at: http://www.theguardian.com/global-development/2012/may/29/zambia-zimbabwe-intra-african-trade

Review by Toni Männistö (CBRA)

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Full review

This Guardian article showcases a great example of successful border agency cooperation in Africa. The CORE WP12, the “demonstrator Schipol” focusing on shipping of fresh cut flowers from Kenya to the Netherlands, might choose to study this African one-stop border concept in more detail. Closer analysis may reveal key success factors and obstacles that characterize the border agency cooperation in Africa. Also CORE’s WP19, that produces material for training and education, may use this African one-stop border as an illustrative example of border agency cooperation in developing countries. The CORE’s risk and IT clusters might need to explore this case in more detail to understand technical aspects of this one-stop border post concept.

Reference

The Guardian, Zambia and Zimbabwe’s single-stop solution to boosting intra-African trade, the Guardian, 29. May, 2012. Retrieved from http://www.theguardian.com/global-development/2012/may/29/zambia-zimbabwe-intra-african-trade

CORE2008

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Introduction to Supply Chain Management (CASSANDRA Compendium Chapter 2, CORE2007a)

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Summary

The second chapter of the CASSANDRA compendium gives a general outlook on the theory and practice of modern supply chain management. Written in lay-man’s language, the text explains a broad range of strategies for managing supply chains, from lean management to agile and responsive logistics. The chapter also defines fundamental supply chain terminology and discusses current trends in the logistics, including synchromodality, use of 4PL logistics service providers, and green logistics. The chapter introduces several supply chain reference frameworks that illustrate a series of interdependent activities and stakeholders involved in the international transport of cargo. The CASSANDRA compendium is available for download here.

Review by Toni Männistö (CBRA)

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Full review

The compendium summarizes the SCOR and UN/CEFACT supply chain models, that may be the two most used logistics reference frameworks in the world. The document also discusses less known academic conceptual models that seek to simplify the complexity of supply chain management by categorizing and explaining management strategies, activities, stakeholders and their roles and responsibilities. The section on the future trends in logistics offers a great outlook on the most likely changes and driving forces in the logistics industry. The outlook suggests that for example synchromodality (increased flexibility in transport mode selection), green logistics (less emissions), use of 4PL logistics service providers (outsourced supply chain management), and continuously increasing ship and port sizes will reshape the cross-border logistics over the years. The document also explains key CASSANDRA concepts and their impacts on international supply chain management. For instance, the Data Pipeline, a pivotal CASSANDRA concept, seeks to enhance sharing of information across supply chain stakeholders, in particularly from business operators to customs and other border control authorities. Most importantly, the Data Pipeline would allow customs officers to access commercial information, that normally is exchanged only between buyers and sellers, early in the upstream supply chain at the consignment completion point (CCP). This accurate, early commercial information would enable the customs and other border control agencies to assess security and other risks of cargo early on.

All in all, the document provides a crash refresher course on basic and advanced logistics terminology that would be beneficial for many the CORE consortium, especially for those partners whose expertise is mainly outside the logistics industry. The CORE demonstrators benefit from descriptions of CASSANDRA innovations that support information exchange and improve visibility across the supply chain. The demos might choose to reuse some of these CASSANDRA innovations or their components. The CASSANDRA compendium also contains a great deal of material that could be reused for education and training purposes in CORE (WP19). Finally, the chapter concludes with recommendations that are relevant also for CORE. The chapter recommends, for example, that because of broad variety of international supply chains, CASSANDRA solutions should be adaptable for different contexts.

Reference

Hintsa, J. and Uronen, K. (Eds.) (2012), “Common assessment and analysis of risk in global supply chains “, Compendium of FP7-project CASSANDRA, Chapter 2

CORE2007

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Trade and money laundering uncontained (the Economist, May 2014, CORE2006)

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Summary

International trade is becoming one of the main instruments for cross-border money laundering aside common bank transfers, remittances and cash smuggling. The ”trade-based money laundering” disguises illegal trading as seemingly legitimate commercial transactions. The most common technique is mis-invoicing in which fraudsters undervalue imports or overvalue exports to repatriate ill-gotten money from abroad. For example, official records show that Mexican exports to US are much higher than the US imports from Mexico, a discrepancy that signs fraud by Mexican criminals, most likely drug cartels. In general, the trade-based money laundering offers new financial tools for a broad range of drug traffickers, arms smugglers, corrupt politicians, terrorists and evaders of taxes, duties and capital controls. Review by Toni Männistö (CBRA)

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Full review

International trade is becoming one of the main instruments for cross-border money laundering aside common bank transfers, remittances and cash smuggling. The ”trade-based money laundering” disguises illegal trading as seemingly legitimate commercial transactions. The most common technique is mis-invoicing in which fraudsters undervalue imports or overvalue exports to repatriate ill-gotten money from abroad. For example, official records show that Mexican exports to US are much higher than the US imports from Mexico, a discrepancy that signs fraud by Mexican criminals, most likely drug cartels. In general, the trade-based money laundering offers new financial tools for a broad range of drug traffickers, arms smugglers, corrupt politicians, terrorists and evaders of taxes, duties and capital controls.

The new methods for cross-border money laundering and tax evasion concern most CORE demonstrations, especially those involving international cargo movements. The emerging risk of trade-based money laundering calls for new and more effective enforcement of trade transactions. CORE is developing new solutions (e.g., data pipeline and system-based supervision) for capturing and sharing trade information across logistics operators and law enforcement agencies. The new solutions likely improve law enforcement’s capability to detect suspicious trade transactions that may have something to do with the trade-based money laundering. However, building such capability requires IT integration (e.g., interoperability), risk awareness and education and training. CORE consortium addresses these complementary activities in work carried out in risk, IT and educational clusters.

Reference

Trade and money laundering uncontained, the Economist, May 3rd 2014

CORE2006

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Review on FP7-project IMCOSEC (CORE3001)

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Summary: This is review on reference projects / specifying reusable outputs, on FP7-project IMCOSEC. The research in IMCOSEC (Integrated approach to improve the supply chain for container transport and integrated security simultaneously) was on following two conflicting trends in years before the project started: the elimination of trade barriers to ensure free trade, and increasing security demands to counter the threat of terrorism mainly. The author of the review is Marcus Engler, ISL. The original document can be found in CORE e-library coded as CORE3001. More information on the project at: http://cordis.europa.eu/search/result_en?q=IMCOSEC
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ACC3 regulation in the EU (CORE1000)

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Summary: This review is about aviation security validation regulation in the EU. ACC3 refers to Air Cargo (or mail) Carrier operating from a 3rd country into Europe, aiming to provide a holistic approach to the threats of such inbound cargo. This review can be beneficial for the Demo-cluster in CORE, including WP12, WP15 and WP17. The analysis (with the 8-step method) is presented in full in the document CORE1000. http://ec.europa.eu/transport/modes/air/security/doc/eu_rules_on_aviation_security.pdf

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