Reminder - EU Advance Cargo Information Becomes Mandatory Jan 1, 2011
The European Customs Information Portal has previously reported that the transition period for the European Union’s pre-departure information submission requirements for inbound and outbound cargo (security data) will end December 31, 2010.
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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 the information submission was voluntary. See ITT’s Online Archives or 06/22/09 news, 09062220, for BP summary.)
Submission of Security Data at Import
Effective January 1, 2011, all goods (unless waived or exempted1) that are brought into the customs territory of the EC, regardless of their final destination, will have to be covered by an Entry Summary Declaration (ENS).
Applies to FROB. This requirement applies to freight remaining on board (FROB).
Advance notice required. The ENS must be lodged at the customs office before the goods are brought into the EC customs territory within the following timeframes (partial list2):
| Containerized maritime cargo (except short sea containerized shipping) | At least 24 hours before beginning loading in each foreign load port |
| Bulk/ break bulk maritime cargo (except short sea bulk/ break bulk shipping) | At least 4 hours before arrival at the first port in the EU |
| Short haul flights (less than 4 hours duration) | At least by the time of the actual take off of the aircraft |
| Long haul flights (more than 4 hours duration) | At least 4 hours before arrival at the first airport in the EU |
| Rail and inland waterways | At least 2 hours before arrival at the customs office of entry in the EU |
| Road traffic | At least 1 hour before arrival at the customs office of entry in the EU |
Carrier lodges ENS. The operator of the active means of transport on or in which the goods are brought into the customs territory of the EC is responsible for lodging the ENS. The operator (or carrier) is the person who brings, or who assumes responsibility for the carriage of, the goods into the EC customs territory. The ENS must be lodged at the first customs office of entry.
Required data. The data required for the ENS are in Table 2 of Annex 30A CCIP and include: name and address of shipper and consignee; name and address of notify party where goods are carried under a negotiable “to order” bill of lading; per cargo item description; container number, 4 (or more) digit HS codes; number of packages; gross weight per cargo item; seal number; UN dangerous code; transport charges method of payment code.
Submission of Security Data at Export
Effective January 1, 2011, there will also be an obligation to submit security data before the exit of the goods from the EU within certain prescribed time limits. However, the EC explains that this is a data submission requirement, not an obligation to lodge an exit summary declaration (EXS) per say.
For example, if there is already a customs declaration that must be submitted to allow the exit of the goods, the security data would be added to this already existing declaration. If no export declaration is necessary but the goods are placed under a transit regime, the security data may also be added to the transit declaration. Therefore an isolated EXS must only be presented in cases where no other customs declaration is necessary to cover the exit of the goods.
Does not apply to FROB. The requirement for submitting EXS applies only to cargo loaded at that EU port. FROB cargo brought into the EC, and cargo loaded at previous EC ports, need not be declared on departure from any subsequent EU port or from the final EU port of call. There are also some exemptions for certain goods3.
Advance notice required. The timeframes for lodging the security data before exit vary according to the means of transport as follows (partial list2):
| Containerized maritime cargo (except short sea containerized shipping) | At least 24 hours before beginning loading into the vessel that is going to carry the goods outside of the EU |
| Bulk/ break bulk maritime cargo (except short sea bulk/ break bulk shipping) | At least 4 hours before leaving the EU port |
| Air traffic | At least 30 minutes before the departure of the aircraft |
| Rail and inland waterways | At least 2 hours before the departure from the customs office of exit |
| Road traffic | At least 1 hour before the departure from the customs office of exit |
Carrier lodges security data. It is the operator of the active means of transport on or in which the goods are brought out of the customs territory of the Community who is responsible for the lodging of an EXS, if no previous customs declaration had been presented. The operator (or carrier) is the person who brings, or who assumes responsibility for the carriage of, the goods out of the EC customs territory. It is lodged at the customs office of exit.
Required data. The required security data for exports is laid down in Annex 30A CCIP and includes similar dates as for imports, including the consignor, consignee, product description, gross weight, etc.
1The customs office of entry may waive the lodging of an ENS for goods for which an electronic customs declaration is lodged within the time limits for an ENS, provided the customs declaration contains the particulars of an ENS. In addition, there are certain ENS exemptions, for example, for: letters and postal consignments; electrical energy; goods entering by pipeline; goods contained in travelers' personal luggage; and goods for which an oral customs declaration is permitted.
2See source documents for timeframes for short sea shipping.
3The following goods are exempt from the EXS requirement: letters and postal consignments; electrical energy; goods entering by pipeline; goods contained in travelers' personal luggage; goods for which an oral customs declaration is permitted.
(See ITT’s Online Archives or 09/08/10 news, 10090820, for BP summary of European Customs Information Portal reminder.
See ITT’s Online Archives or 09/22/10 news, 10112210, for BP summary of FAQs explaining EU advance cargo rules.)