Regulations

• A security declaration must be made to the customs authorities for goods being imported into the European Union (EU).


• Arrival notification in the EU of the means of transport.


• Setting of standardised community criteria for detecting goods at risk.


• Taking into account the Authorised Economic Operator (AEO) status.

ICS Process

Operator obligations

• Transmitted solely by EDI (Electronic Data Interchange) to the first EU port reached from 1st January 2011.


• ENS = ENtry Summary declaration = logistics and commercial information.


• For all the goods aboard the means of transport.


• In compliance with the legal time limits for the means of transport, type of transport and type of goods.

Responsible operator

• The carrier or his representative
or
• The freight forwarder
or
• Any person who is able to present or get the goods presented, the importer or his representative.


• The person that lodges the ENS is responsible for the information being given to the customs authorities.

• The national customs authority of the first EU port “reached”.

ENS time limits

• Containerised cargo: 24 hours before the ship bound for the EU is loaded.


• Conventional or bulk: 4 hours prior to the ship's arrival at the first EU port.

• Containers / Trailers / Conventional / Bulk: 2 hours prior to the ship's arrival at the first EU port.


• Towed trailers: 1 hour prior to arrival at the EU office of entry.

Legal ENS time limits

• Goods transport:

Between: Greenland, the Faroe Islands, Ceuta, Melilla, Norway, Iceland, the Baltic Sea ports, the North Sea ports, the Black Sea ports, the Mediterranean ports and all Moroccan ports.

And: EU territory apart from the overseas departments, the Azores, Madeira and the Canary Islands.


• Goods transport in under 24 hours

Between : A country outside the EU

And: The overseas departments, the Azores, Madeira and the Canary Islands.

ENS data terminology

Customs obligations

• Carry out a risk analysis based on the information previously transmitted via EDI.


• Determine if there is a type A (no load), B (inspection at the first European port) or C security risk (inspection at the port of unloading).


• In the event of a “no load” decision (long distance transport), inform the carrier before the goods leave the third country.


• Return an MRN (Movement Reference Number) to the operator who transmitted the data informing it about the security situation of the goods.


• Inform another Member State about the risk analysis in the event of the goods being unloaded in this state.

Arrival notification

• The operator (or his representative) of the active means of transport entering the community customs territory must notify the authority.


• The customs authorities of the first EU point of entry country must be notified.


• The notification must contain the list of permissions obtained following the lodging of the ENS for all the goods being transported.


• The carrier (or his representative) must ensure that all goods being transported are covered by ENS.

Diagram of ICS flows

Constraints and difficulties

• Those involved in the transport process at the different stages do not have access to all the information.


• Supplier information reliability varies depending on the supplier in question.


• The operator is penalised if no ENS is provided.


• Goods are not allowed to be loaded (no load) in the event of a proven risk in the case of long distance container shipping.


• Goods can be immobilised in the event of a proven risk in the case of short distance shipping.


• The 27 EU countries have common risk analysis criteria but there are 27 IT systems and therefore 27 interfaces to develop.

Import Control System circular