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 Owners
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) Submit an ENS (Entry Summary Declaration) cargo declaration
electronically to the EU Member States’ Customs (first port of call).
(b) The Charterers shall provide all necessary information to the Owners
and/or their agents to enable the Owners to submit a timely and accurate
cargo declaration.
The Charterers shall 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 this sub-clause. Should such failure result in any
delay then, notwithstanding any provision in this Charter Party to the
contrary, all time used or lost shall count as laytime or, if the Vessel is
already on demurrage, time on demurrage.
(c) The Owners shall assume liability for and shall indemnify, defend and
hold harmless the Charterers against any loss and/or damage whatsoever
(including consequential loss and/or damage) and any expenses, fines,
penalties and all other claims of whatsoever nature, including but not
limited to legal costs, arising from the Owners’ 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,
all time used or lost shall not count as laytime or, if the Vessel is
already on demurrage, time on demurrage.
(d) The assumption of the role of carrier by the Owners 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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