Presentation on theme: "EU Customs Advanced Manifest Rule Update November 2010"— Presentation transcript:
1 EU Customs Advanced Manifest Rule Update November 2010
2 Contents What is the EU Customs Advanced Manifest Rule? What is an Entry Summary Declaration (ENS) and when is it required?ENS basic principlesENS non-complianceWhat are the elements of an ENS?When does Safmarine need to provide the ENS to the EU Customs?When do I need to provide the ENS related information to Safmarine?How is an ENS filed? (a visual illustration)Can the ENS related information be amended?What is an Exit Summary Declaration (EXS)?How will Safmarine help you?Contact informationNote the use of the word ARRIVE and not IMPORT. An ENS is required for all cargo that is loaded outside the EU and will be on board the vessel when that vessel enters the EU. This means it is not only cargo that is being imported or discharged in the EU that is subject to the rule.
3 What is the EU Customs Advanced Manifest Rule? The EU Customs Advanced Manifest Rule will be enforced from the 1 January 2011 and apply to all 27 European Union (EU) member states .Switzerland and Norway will adopt rules. The 27 members states also include the overseas areas such as Canary Islands, French Guyane, Madeira, Martinique, Reunion, Guadeloupe and Acores ( see map)Primary purpose: ensure security risk assessment is performed before goods arrive in the EUThe components of the Manifest are:Entry Summary Declaration (ENS) – these are the customer shipping instructions which must be submitted by the carrier for all the cargo arriving in the EU from outsideExit Summary Declaration (EXS) – this must be submitted to cover cargo that is leaving the EU (EXS roll-out date to be confirmed)Definition of short seaMovements between :Greenland, Faeroe Islands, Ceuta, Melilla, Norway, Iceland, Baltic sea, North sea, Black sea, Mediterranean, Moroccoandthe Community, except , French overseas departments, Azores, Madeira, Canary IslandsMovements (where the duration of the voyage is less than 24 hours) betweena territory outside the customs territory of the Communitythe French overseas departments, Azores, Madeira, Canary Island
5 What is Entry Summary Declaration (ENS)? When is it required? Entry Summary Declaration or ENS are electronic messages that need to be sent to the EU Customs prior to your cargo entering an European Union (EU) portTo ensure that cargo is permitted to load on vessels bound for the EU member states as well as preventing delays at the EU port of arrival, it is critical that complete and accurate shipping instructions are submitted within the deadlines set by the local Safmarine offices. This will allow for an accurate and timely ENS submission with customs at the first port of entry into the EUThe ENS is required for all goods that are scheduled to ARRIVE in the EU:All EU ImportsTranshipments For EU and non-EU destinations (e.g. Cargo discharged at Algeciras and onboard another vessel to Tunis – destination can be EU or non EU)Transit Cargo With final discharge port in the EU but delivery outside of the EU (e.g. Finland trucking to Russia)Freight Remaining on Board (FROB) (e.g. cargo loaded in USA, is on board when the vessel calls Spain and will discharge in Morocco)The MRN is a number generated by Customs’ system. It is the carrier’s proof of filing. The MRN will be stored in Hermes and GCSS for use in downstream processes and for communication with customs.Office of first entry will do the security risk analysis based on the ENS data. Only if a security risk is identified, the customs office of first entry will share the information with the subsequent customs office of entry (e.g. final discharge port). The systems of customs in each EU country will be linked with each other.The penalties will be defined individually by customs in each country. There is no standard penalty scheme throughout the EU. Few countries have yet shared their penalty schemes.
6 ENS basic principles Who is responsible for submitting the ENS? We as carrier* are responsible for the timely electronic transmission the ENS with the EU CustomsCan a third-party file an ENS?Yes, third-party parties may file an ENS, however only with written notification to Safmarine for our consent and knowledge.Where shall the ENS be submitted?We will submit the ENS to the Customs office of first port of entry into the EUAfter Customs at the first office of entry receives the ENS and issues an MRN, their system will begin risk analysis. If a security risk is identified one of the three types of risk listed above will be specified in an electronic message (IE351) that will be sent to the carrier* In the case of Vessel Sharing Agreement or similar ongoing contractural agreement, the bill of lading (B/L) issuing carrier is responsible for filing the ENS
7 ENS non-complianceWhat happens if there is a non-compliance of ENS or the ENS is missing?The consequence of non-compliance (or a missing ENS submission) would be the halting of loading or unloading and the consequent disruption of cargo flows and supply chainsCustoms will electronically alert Safmarine should there be any risk identified with cargo scheduled to arrive in the EURisk types and their consequence:Risk type A: Do not loadRisk type B: Hold at entry portRisk type C: Hold at discharge portWe do not expect any third parties (e.g. forwarders) to file the ENS on SCL’s behalf. It does not seem this would add any value to the customer as deadlines would only be advanced and additional links in the communication and IT chain inserted. However, SCL has been advised to entertain requests from interested parties. At this time, plans are in place to submit an ENS for each tpdoc created on a vessel bound for Europe.There is no house bill or dual filing requirement as there is with US Customs today. The carrier is the only party liable for filing and the carrier must provide the most detailed information available to him. For example, if the shipper has only supplied a forwarder as the consignee (rather than the ultimate consignee), it is the forwarder’s details that will be included in the ENS.The carrier can face a penalty for an inaccurate ENS, but is only accountable for providing the most detailed and accurate information known to him. Other parties (e.g. the shipper supplying the TDI) could also be held accountable for inaccurate ENS data.
8 What are the elements of the Shipping Instruction for ENS that you must submit to the Carrier? The ENS must include the following data elements or risk rejection by the EU customs authorities:Consignor (EORI number if available) - ShipperConsignee (EORI number if available)Notify Party (mandatory for “To Order” B/L)Acceptable goods descriptionCode for the type of packagesNumber of packagesShipping marks for packaged goods (not necessary for containerised goods)Container number(s)Seal number(s)The first 6 (six) digit HS code (Safmarine would like to insist on receiving this code in order to ensure smooth handling by local customs and to avoid possible language misinterpretations)Gross weight (kg)UN code for dangerous goodsTransport charges method of payment code ( where available)
9 What are the additional ENS elements that Safmarine -the carrier - submit to EU Customs on your behalf?Number of itemsUnique consignment reference number – bill of lading numberPlace of loadingPlace of unloadingGoods item numberDeclaration dateAuthorisation/SignaturePerson submitting the summary declarationCarrierConveyance reference number – vessel IMO codeIdentity and nationality of active means of transport crossing the border – vessel, voyage, flagFirst place of arrival codeDate and time of arrivalCountries of routing codes – cargo, not vessel routing
10 When does Safmarine need to provide the ENS to EU Customs? Safmarine needs to provide the ENS to the EU Customs for:Containerised cargo, deep sea – 24 hours prior vessel loading at the overseas load port on the vessel that will enter the EUContainerised cargo, short sea* – 2 hours prior arrival in the EUNon-containerised cargo – 4 hours prior arrival in the EU* Short sea shipments are defined as being either one of the following :i. Movements between - Greenland, Faroe Islands, Ceuta, Melilla, Norway, Iceland, ports on the Baltic Sea, ports on the North Sea, ports on the Black Sea or ports on the Mediterranean AND The Community except French overseas department, Azores, Madeira and Canary Islandsii. Movements with a duration of less than 24 hours, between -A territory outside the customs territory of the Community AND The French overseas departments, Azores, Madeira and Canary Islands"
11 When do I need to provide the shipping instructions for ENS to Safmarine? Customers are required to send us their shipping instruction at least 48 hours prior to CY cut-off at the loading port outbound to the EU (or as stipulated by local country office)Note: if after business hours please increase hours to submit during business hoursExample:CY Cut-off at load port X, outside EU: Sept 29 at 21:00 h local timeSubtract 48 hours: Sept 27, 21:00 hAs it is after business hours (close at 17:00 local time) please submit before 17:00 Sept 27
12 How an ENS is filed (a visual illustration) First port of entry in the EU receives the ENS for verificationCustoms OfficeExporterSafmarine submits ENS electronically for verification before 24hrs of cargo being loadedENS is verified as OK.Sends notification with Movement Reference NumberSubmits accurate Shipping Instructions 48 hours prior to CY cut-off (or as stipulated by the local office)Safmarine
13 Amendments to your filings Safmarine customers are requested to file amendments in the same manner as as you submit your bill of ladingThe person filing the ENS, the representative and the customs office of first entry should not be amendedThe amended ENS does not initiate a new time limit, it is still considered from when it was first submittedThe amendment triggers, a new risk analysis with regards to the amended particularsIf an amendment is made shortly prior arrival of goods this could potentially delay the release of the goods, since the customs authorities need additional time for their risk analysis
14 Amendments to your filings (Continued) Who can submit the amendment?Amendments may be submitted by the same entity who submitted the original ENS or its representative. However, amendments can only be submitted to the customs office of first entryWhen is an amendment request not acceptable?The amendment request cannot be accepted when the person submitting the original ENS has been informed that the office of first entry intend to examine the goods or the custom authorities have established that the particulars in question are incorrect or the office of first entry, upon presentation of the goods, has allowed their removalAll containers on the same Bill of Lading will be affected not just the ones rejected by customs.
15 What is an Exit Summary Declaration (EXS)? An EXS is required for goods to be brought out of the EU without a customs or re-export declarationis responsible for submitting the EXS to the customs office at the load port of the vessel that will carry the cargo out of the EUDeadlines and data elements are similar to those for ENSEXS exemptions are highly complexThe EXS roll-out date will be confirmed at a later time and accordingly more information will be made available to our customers
16 European Union (EU) Member countries: Austria Belgium Bulgaria Cyprus Czech RepublicDenmarkEstoniaFinlandFranceGermanyGreeceHungaryIrelandItalyLatviaLithuaniaLuxembourgMaltaNetherlandsPolandPortugalRomaniaSlovakiaSloveniaSpainSwedenUnited KingdomPlease note Norway, Switzerland as well as French Guyane, Canary Islands, Madeira, Martinique, Reunion, Guadeloupe and Acores will also apply the same rule.
17 How will Safmarine support you? Safmarine is committed to assist you throughout the implementation of this rule with minimal impact to your business. We are preparing for the implementation by ensuring that relevant processes are in place. Preparations include:Working closely with EU customs – We have extensive experience working with EU customs and are receiving accurate and timely responses regarding the implementationTest runs and pilots - We have already initiated real-time test runs and pilots in different EU countries. This simulates the conditions during actual implementation of the rule; therefore any issues that may arise can be resolved prior to the official “go live” dateSafmarine Training – We will ensure our employees have the necessary knowledge in order to support you throughout the implementation processWe will continue to send updates regarding developments and other relevant information. Should you have any further questions regarding this rule, please visit our EU Customs Advanced Manifest Rule page on or contact your local Safmarine office.
18 AppendixFor more information on the EU Customs Advanced Manifest Rule and ENS, please contact your local Safmarine representative.Further information can also be found on:European Commission websiteEU Member statesHS CodesENS FAQText slide with image18
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