4.5.2005 Official Journal of the European Union L117/13 REGULATION (EC) No 648/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Articles 26, 95, 133 and 135 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee ('), Acting in accordance with the procedure laid down in Article 251 of the Treaty (), Whereas: Council Regulation (EEC) No 2913/92 () lays down the rules for the customs treatment of goods that are imported or to be exported. It is necessary to establish an equivalent level of protec- tion in customs controls for goods brought into or out of the customs territory of the Community. In order to achieve this objective, it is necessary to establish an equivalent level of customs controls in the Community and to ensure a harmonised application of customs controls by the Member States, which have principal responsibility for applying these controls. Such controls should be based upon commonly agreed standards and risk criteria for the selection of goods and economic operators in order to minimise the risks to the Com- munity and its citizens and to the Community’s trading partners. Member States and the Commission should therefore introduce a Community-wide risk management framework to support a common approach so that prio- rities are set effectively and resources are allocated effi- ciently with the aim of maintaining a proper balance between customs controls and the facilitation of legiti- mate trade. Such a framework should also provide for common criteria and harmonised requirements for authorised economic operators and ensure a harmonised () OJ C 110, 30.4.2004, p. 72. (*) Opinion of the European Parliament of 20 April 2004 (not yet published in the Official Journal), Council Common Position of 29 November 2004 (O] C 38 E, 15.2.2005, p. 36) and Position of the European Parliament of 23 February 2005 (not yet published in the Official Journal). () O] L 302, 19.10.1992, p. 1. Regulation as last amended by the 2003 Act of Accession. application of such criteria and requirements. The estab- lishment of a risk management framework common to all Member States should not prevent Member States from controlling goods by spot-checks. Member States should grant the status of authorised economic operator to any economic operator that meets common criteria relating to the operator’s control systems, financial solvency and compliance record. The status of authorised economic operator, once granted by one Member State, should be recognised by the other Member States, but does not confer the right to benefit automatically in the other Member States from simplifi- cations provided for in the customs rules. However, the other Member States should allow the use of simplifica- tions by authorised economic operators provided they meet all the specific requirements for use of the particu- lar simplifications. In considering a request to use simpli- fications, the other Member States need not repeat the evaluation of the operator’s control systems, financial solvency or compliance record, which will already have been completed by the Member State that granted the operator the status of authorised economic operator, but should ensure that any other specific requirements for use of the particular simplification are met. The use of simplifications in other Member States may also be coor- dinated by agreement between the customs authorities concerned. Simplifications under the customs rules should continue to be without prejudice to customs controls as defined within the Community Customs Code, notably relating to safety and security. Such controls are the responsi- bility of the customs authorities and, while the status of authorised economic operator should be recognised by those authorities as a factor during risk analysis and in the granting of any facilitation to the economic operator with regard to controls relating to safety and security, the right to control should remain. Risk-related information on import and export goods should be shared between the competent authorities of the Member States and the Commission. To this end, a common, secure system should be set up, enabling the competent authorities to access, transfer and exchange this information in a timely and effective manner. Such information may also be shared with third countries where an international agreement so provides.