SCAN
SECURITY
Following the terrorist attacks of 9/11 in the US and the subsequent adoption of a US regime on advance cargo declaration (the so-called “US 24 hour rules”), the European Union (EU) adopted its own regime of advance cargo declaration in 2005.
This regime was initially scheduled to enter into force on July 1, 2009 but this entry into force has been delayed to January 1, 2011.
As from January 1, 2011, any failure of an economic operator (e.g. shipping company) to comply with the obligations laid down in the EU advance cargo declaration regime, will result in individual EU Member States imposing penalties in accordance with their national legislation.
The rules on EU advance cargo declaration will apply in addition to existing customs rules laid down in the Community Customs Code.
The basic principles of the
EU advance cargo declaration regime can be summarized as follows:
Scope of application
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The EU advance cargo declaration regime will apply to import, export or transit of goods.
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However, a ship operator or its representative (like Scan Security) will have to declare cargo information in advance to the customs office solely in case of import or export of goods.
All shipping sectors are covered but with different provisions
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The EU advance cargo declaration regime will apply to all shipping sectors but there are different provisions according to each of these sectors. The time limits within which a ship operator or its representative will have to submit an advance cargo declaration is different for deep-sea containerized shipping, deep-sea bulk shipping, short sea shipping and combined transport.
Cargo information to be submitted
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The cargo information that a ship operator or its representative must submit in advance to the customs office – both in case of import and export – is laid down in Annex 30 A to Regulation 1875/2006.
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In case of import of goods, the ship operator or its representative must declare cargo information in advance to the customs office of first entry in the form of an “Entry Summary Declaration” (ENS), except if an ENS exemption would apply.
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In case of export of goods, the ship operator or its representative must declare cargo information in advance to the customs office of exit either in the form of a customs declaration for export, re-export or outward processing, or, in case such customs declaration does not apply and in case there is no exemption, in the form of an “Exit Summary Declaration” (EXS).
The person liable to declare specific cargo information in advance
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The ship operator is the person liable to declare cargo information in advance to the customs office. He must ensure that such declaration has been done. He can either declare cargo information in advance to the customs office himself or its representative (like Scan Security) can do so on behalf of the ship operator.
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In case of “combined transport” (i.e. trucks carried onboard a ferry), advance cargo declaration must be done by the truck company or truck driver and not by the ship operator.
- In case of “vessel sharing arrangements”, advance cargo declaration must be done by the bill of lading issuing carrier and not by the ship operator. -
In containerized shipping – both deepsea and shortsea – a third party (typically a freight forwarder) is expected to declare cargo information in advance to the customs office in stead of the ship operator. The freight forwarder can only do so provided that the ship operator has been advised thereof beforehand (knowledge) and that the ship operator has agreed thereto (consent).
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The person who declares cargo information in advance to the customs office must include in his declaration – be it an ENS or a customs declaration or EXS – his so-called “Economic Operator Registration and Identification” or EORI number. If it is the ship operator, he must include its EORI number. If it is a third party (freight forwarder), that party must include its EORI number.
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If an advance cargo declaration has been done, the person who made this declaration will receive from the customs office a kind of confirmation receipt. This receipt is called the “Movement Reference Number” or MRN.
for additional
information also see
frequently asked questions.
Electronic advance cargo declaration
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Advance cargo declarations must be done electronically. To that end, a ship operator or its representative will have to establish a computer system that allows him to interface with the computer system of the customs office to which the relevant information must be submitted.
A risk-assessment by the customs office of entry or exit -
The customs office will analyze the cargo information received in advance with an aim at identifying potential serious safety and security risks. There are three different risk types – risk type A, B or C – which require a specific treatment.
Specific cases applying to import of goods
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In case of import of goods, a ship operator will also have some additional obligations. He will have to submit an “Arrival Notification” (AN) and a “summary declaration for temporary storage”. In some cases of diversion of the ship, a ship operator will have to submit a “diversion request”.
Some specific rules
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There are specific rules for empty containers and for transshipment of goods or containers.
Clause for Time Charter Parties or Clause for Voyage Charter Parties
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