Transcript Import Export Seminar
Technical Assistance Information Exchange Instrument (TAIEX)
Training on the New EU Implementations on Road Transport and Foreign trade Electronic Pre-Declaration Requirements and Advanced Cargo Information
Electronic Pre-Declaration Requirements and Advanced Cargo Information
Changing environment & new challenges for Customs in general
Increasing globalisation of trade Increasing threat of terrorism and criminal activity Increasing interconnectivity and interdependency of societies/countries
Electronic Pre-Declaration Requirements and Advanced Cargo Information
CHANGING ROLE FOR CUSTOMS
Traditional approach: primary concern of customs are anti-smuggling controls and fiscal matters i.e. revenue protection and collection.
New tasks and new challenges due to increasing concerns for safety and security of EU institutions and its citizens
Electronic Pre-Declaration Requirements and Advanced Cargo Information
Concept of security
Identify consignments that constitute a high risk at the earliest possible point in time Identify traders that offer a high degree of security guarantees in respect of their role in the supply chain Concept pushes security of cargo back in supply chain by involving private sector and by requiring increased security at the point of origin and as the consignment moves through the supply chain
Electronic Pre-Declaration Requirements and Advanced Cargo Information
The Safety and security Amendment to the Community Customs Code (Reg 648/05 and Reg 1875/06 ):
Traders to provide customs authorities with information on goods prior to import to [or export] from the EU; Provides reliable traders with trade facilitation measures (AEO); Uniform Community risk selection criteria for customs controls supported by computerised systems for imports and exports; Introduces a Community database of national registration numbers (EORI).
Electronic Pre-Declaration Requirements and Advanced Cargo Information
The Safety and security Amendment to the Community Customs Code (Reg 648/05 and Reg 1875/06 )
In order not to delay consignments pending the results of the risk analysis and to allow carriers to concentrate all the information in a single customs office the S&S risk analysis
WILL
be carried out
BEFORE
the arrival of the goods in the EU.
The security data (as contained in annex 30A to Regulation 1875)
MUST
be sent electronically by traders with the possibility of exchanging this information between Member States administrations.
Electronic Pre-Declaration Requirements and Advanced Cargo Information The Safety and security Amendment to the Community Customs Code (Reg 648/05 and Reg 1875/06 ) : Transitional Arrangements • Between 1 st July 2009 and 31 st December 2010 there will be a transitional period during which the submission of the ENS will be an option i.e. not an obligation. During this period goods not declared in advance may be submitted to risk analysis after arrival in the territory of the EU. • However, it is advisable to ensure that the customs authorities of Bulgaria/Greece share a similar interpretation of EU legislation (with effect from the 1 st July 2009).
Electronic Pre-Declaration Requirements and Advanced Cargo Information
Goods entering the EU: Procedures
For goods entering the customs territory of the EU, pre-arrival declarations must be lodged electronically and within the
time lines
in one of the following formats:
.
•
Entry Summary Declaration,
data to be sent electronically to the national system of the Member State concerned; or •
Import Customs Declaration
including S&S data, to be sent to the import systems of the Member State concerned; or
Electronic Pre-Declaration Requirements and Advanced Cargo Information
Goods entering the EU: Procedures (contd):
•
Transit customs declaration,
including S&S data to be sent to the national transit system of the Member State concerned.
This means that for goods entering the EU under a transit procedure the responsible person (carrier?) has two options: 1.
Lodge a transit declaration containing the S&S data; or 2.
Lodge a transit declaration without the S&S data
AND
an entry summary declaration to meet the S&S requirements.
Electronic Pre-Declaration Requirements and Advanced Cargo Information Pre-departure Information: Time Lines: Deep-sea/cont.: 24 hours before loading Short-sea/cont.: 2 hours before arrival Maritime/bulk: 4 hours before arrival Air/long: 4 hours before arrival Air/short: at take-off Rail: 2 hours before arrival
Road: 1 hour before arrival
Electronic Pre-Declaration Requirements and Advanced Cargo Information Pre-arrival Information: Content of the Entry Summary Declaration (Annex 30A): It shall contain details of: Number of items, consignor, consignee, weight etc The data for such a declaration is laid down in Table 2 of Annex 30A and the declaration shall be completed in accordance with the explanatory notes.
Electronic Pre-Declaration Requirements and Advanced Cargo Information P re-arrival Information: W ho is responsible for lodging the ENS declaration: It is the operator of the active means of transport on or in which the goods are brought into the territory of the EU. The operator (or “carrier”) is the person who brings, or assumes responsibility for the carriage of, the goods into the territory of the Community.
Electronic Pre-Declaration Requirements and Advanced Cargo Information Pre-arrival Information: Can another person lodge the ENS declaration: Yes, but this does not relieve the carrier of the responsibility for the ENS to be lodged with customs in accord with the time lines. Therefore, the ENS may only be lodged by a person other than the carrier only with their knowledge and consent.
Electronic Pre-Declaration Requirements and Advanced Cargo Information Pre-arrival Information: Where shall an ENS declaration be lodged?
The ENS should be lodged at the first EU customs office of entry. However, it may be sent to an office of lodgement if there is an electronic link with the customs office of entry. The customs office of entry remains responsible for risk analysis.
Electronic Pre-Declaration Requirements and Advanced Cargo Information
Economic Operator Registration and Information (EORI):
The person lodging an ENS declaration
MUST
include his own EORI number and if not the carrier,
MUST
also include the carrier’s EORI number.
To be used from 1 st July 2009
Electronic Pre-Declaration Requirements and Advanced Cargo Information
Economic Operator Registration and Information (EORI):
How to get an EORI number? If the carrier, or another declarant, is not established in the customs territory of the Community they must apply to the customs/designated authority of the Member State where the first customs activity will take place.
Electronic Pre-Declaration Requirements and Advanced Cargo Information Authorised Economic Operator Status (AEO) From 1st January 2008, traders established in the EU and those from countries that share a customs cop-operation agreement with the EU could apply for and be granted the status of AEO and enjoy certain benefits such as a reduced data set for the ENS. AEO status may, under certain conditions, be available to traders moving goods by sea and air but is not available to Third Country operators moving goods by road and rail.
Electronic Pre-Declaration Requirements and Advanced Cargo Information
Business Continuity
Formerly called “Fallback”. The EU IT systems level of availability should be 97% and 99% with effect from 2011. Maintenance periods should be announced well in advance to enable trade and customs to plan accordingly.
Electronic Pre-Declaration Requirements and Advanced Cargo Information
Business Continuity
One of the following options is available to Economic Operators when their system is unavailable to send the ENS : 1.
2.
Send the ENS as soon as possible after having resolved the reason for the unavailability of the system. This option is only available up to the arrival of the goods at the office of entry. However, the later the message is sent the more likelihood the movement will be selected for customs control and incur a delay; Economic Operators should explore alternative means of sending the ENS when their system is unavailable e.g. use a Customs agent or NCTS or ICS as necessary
Electronic Pre-Declaration Requirements and Advanced Cargo Information
Business Continuity
When the customs system is unavailable they will : 1.
2.
The customs authorities as soon as the problem is resolved will process the ENS and allocate the MRN as appropriate i.e. prior to arrival of the movement at the office of entry; If the situation cannot be resolved Customs authorities may apply their national processes to deal with “fallback” situations i.e. send positive risk results to subsequent customs offices e.g. by secure email .
Electronic Pre-Declaration Requirements and Advanced Cargo Information
The Safety and security Amendment to the Community Customs Code (Reg 648/05 and Reg 1875/06 ) :
Examples.
Electronic Pre-Declaration Requirements and Advanced Cargo Information Example A: Goods NOT covered by a transit procedure.
Bulgaria/EU ENS including carrier’s EORI no. submitted at least one hour in advance of arrival Company A Customs Office of entry performs risk analysis and sends “Do not load” message or MRN
Electronic Pre-Declaration Requirements and Advanced Cargo Information Example B: Goods NOT covered by a transit procedure: Diversion Bulgaria ENS including carrier’s EORI no. submitted at least one hour in advance of arrival MRN Company A Diversion notification Positive Risk information passed to actual office of entry Greece
Electronic Pre-Declaration Requirements and Advanced Cargo Information Example C: Goods covered by a transit procedure: (TIR) Bulgaria Customs office of entry NCTS/TIR including S&S data and carriers EORI number submitted at least one hour in advance of arrival Company A IE 928 Acknowledgment of receipt of declaration.
Risk analysis performed and declaration is held in “submitted” state Upon arrival MRN issued or the movement will be placed under customs control
Electronic Pre-Declaration Requirements and Advanced Cargo Information Example D: Goods covered by a transit (TIR) procedure: Diversion Bulgaria NCTS/TIR including carrier’s EORI no. And S&S data submitted at least one hour in advance of arrival IE928 Company A Cancellation request Risk analysis performed and declaration is held in “submitted” state Greece IE928 New NCTS/TIR Declaration etc Risk analysis etc Upon arrival MRN issued or placed under customs control
Electronic Pre-Declaration Requirements and Advanced Cargo Information
ANY QUESTIONS?
Electronic Pre-Declaration Requirements and Advanced Cargo Information Web site links EUROPA
Safety and Security Overview
http://ec.europa.eu/taxation_customs/customs/security_am endment/general_overview/index_en.htm
AEO
http://ec.europa.eu/taxation_customs/customs/security_am endment/who_is_concerned/index_en.htm
EORI
http://ec.europa.eu/taxation_customs/customs/security_am endment/who_is_concerned/index_en.htm#EORI
Regulation 648/05
http://eur lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005: 117:0013:0019:EN:PDF
Electronic Pre-Declaration Requirements and Advanced Cargo Information
Regulation 1875/06 and Annex
http://eur lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:360:0064:0125:EN:PDF UNECE
TIR Overview
http://www.unece.org/tir/welcome.html
Focal Points Right hand column – authorisation required Community Transit Co-ordinators http://ec.europa.eu/taxation_customs/resources/documents/customs/procedural_as pects/transit/common_community/taxud-978-98.pdf