SCAN
SECURITY
(a) If the Vessel loads cargo in any EU port
or place destined for a port or place outside the EU or loads cargo outside
the EU destined for an EU port or place, the Charterers shall comply with
the current EU Advance Cargo Declaration Regulations (the Security Amendment
to the Community Customs Code, Regulations 648/2005; 1875/2006; and
312/2009) or any subsequent amendments thereto and shall undertake the role
of carrier for the purposes of such regulations and in their own name, time
and expense shall:
(i) Have in place an EORI number (Economic Operator Registration and
Identification);
(ii) Provide the Owners with a timely confirmation of (i) above as
appropriate; and
(iii) Submit an ENS (Entry Summary Declaration) cargo declaration
electronically to the EU Member States’ Customs and provide the Owners at
the same time with a copy thereof.
(b) The Charterers assume liability for and shall indemnify, defend and hold
harmless the Owners against any loss and/or damage whatsoever (including
consequential loss and/or damage) and/or any expenses, fines, penalties and
all other claims of whatsoever nature, including but not limited to legal
costs, arising from the Charterers’ failure to comply with any of the
provisions of sub-clause (a). Should such failure result in any delay then,
notwithstanding any provision in this Charter Party to the contrary, the
Vessel shall remain on hire.
(c) The assumption of the role of carrier by the Charterers pursuant to this
Clause and for the purpose of the EU Advance Cargo Declaration Regulations
shall be without prejudice to the identity of carrier under any bill of
lading, other contract, law or regulation.
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