| | Regulations
The adoption of the World Customs Organisation's SAFE Framework of Standards has resulted in a security amendment being made to the European Community Customs Code.
4 key elements :
- 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.
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| ICS Process
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| Operator obligations
Safety and security entry summary declaration (ENS)
- 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.
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| Responsible operator
Who is responsible for the ENS?
- 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.
Who receives the ENS?- The national customs authority of the first EU port “reached”.
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| ENS time limits
Long distance shipping- 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.
Short distance shipping- 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.
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| Legal ENS time limits
Definition of short distance shipping- 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.
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| ENS data terminology
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| Customs obligations
Before goods arrive on EU customs territory the customs authorities must:- 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.
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| Arrival notification
Arrival notification of the means of transport- 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.
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| Diagram of ICS flows
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| 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.
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Import Control System circular | |
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