EC issues New Guidelines & FAQ Explaining Jan 1 Advance Cargo Rules

Voluntary Phase Ends, Advance Cargo Info Becomes Mandatory Jan 1

The EC has previously explained that starting January 1, 2011, security data on inbound and outbound ocean, air, and land cargo will have to be submitted electronically and within certain timeframes before import and export.

Though the advance security data requirement took effect July 1, 2009, the EU provided the trade with a transition period until December 31, 2010 during which certain information submission was voluntary. (See ITT’s Online Archives or 09/08/10 and 06/22/09 news, 10090820 and 09062220, for BP summaries.)

Guidelines on Entry and Summary Declarations

The new guidelines on Entry and Summary Declarations in the context of the advance cargo information requirements are divided into the following three parts:

General. The general section of the guide discusses:

• Roles of customs offices - defines the roles and responsibilities of the border and inland customs because these have been redefined in the context of the security and safety requirements.
• EORI - discusses the Economic Operator Registration and Identification (EORI) system which identifies each trader involved in the import/export of goods by a unique identifying number which must be used by traders in all declarations lodged by them, or on their behalf, with the customs authorities.
• MRN -- explains the Movement Reference Number (MRN) which is a unique number that is automatically allocated by the customs office that receives the entry summary declaration.

Entry. The entry section of the guide covers:

• Description of ENS requirement -- the requirement, with certain exceptions, that all goods brought into the customs territory of the EU, regardless of their final destination, be covered by an Entry Summary Declaration (ENS) lodged before the arrival of goods in the customs territory of the EC Community or before loading containerized cargo in deep sea traffic. This requirement becomes mandatory on January 1, 2011.
• Exceptions, where to lodge ENS, etc. - this section discusses exceptions to the ENS requirement; international agreements; where to lodge the ENS; the person responsible; filing by a third party; deadlines; content, accuracy and completeness of the ENS; authorized economic operators; etc.

Import Control System (ICS). This section discusses ICS which is the systems architecture developed by the EC for the lodging and processing of ENS, and for the exchange of messages between national customs administrations, between them and economic operators, and with the European Commission. ICS will form part of the Automated Import System (AIS) the objective of which it is to ensure that import operations starting in one Member State can be completed in another Member State without re-submission of the same information.

Guidelines on Export and Exit

The new guidelines on Export and Exit in context of the advance cargo information requirements are divided into the following sections:

General. Like the import guidelines, this guide discusses the roles and responsibilities of the different customs offices, EORI numbers, and the MRN in the context of the advance cargo requirements.

Lodging a customs declaration. This section covers the obligation since July 1, 2009 to lodge an electronic customs declaration with security data within certain time limits. It includes information on exceptions; where to lodge it; person responsible for lodging it; the data requirements; time limits for lodging it; etc.

Exit summary declarations. This part discusses the EU requirement, which begins January 1, 2011, to lodge exit summary declarations (EXS) for all goods not subject to export declarations, where no exception applies. This section describes typical situations where an EXS would be required; exemptions; international agreements; where to lodge the EXS; the person responsible for lodging it; etc.

Re-export notification. This section describes the EC obligation to lodge a re-export notification where goods under temporary storage or in a “control type I” free zone are to be re-exported but where neither a customs declaration nor an EXS is required. It describes the person responsible for lodging; the data requirements; etc.

FAQ on Entry Summary Declarations

The FAQ on Entry Summary Declarations (ENS) in the context of the advance cargo information requirements has a short section on rail traffic, but mostly discusses the following ENS issues related to maritime containerized traffic:

1. General questions on ENS
2. Different scenarios for lodging ENS
3. Deadlines
4. Alternative third-party filing
5. Feeder traffic and Vessel Sharing Agreements
6. Diversions
7. Amendments to ENS
8. Do Not Load (DNL) messages
9. The EORI
10. ENS data
11. Import Control System

(The EC reminds readers that these documents are for informational purposes and that the EC Customs Code and the Customs Code Implementing Provisions are the only authentic legal basis.)