EU Submission of Advance Cargo Information Becomes Mandatory On January 1, 2011

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December 22, 2010

Beginning on January 1^st, 2011 the European Union will require electronic submission of security data within certain timeframes prior to import and export on inbound and outbound ocean, air, and land cargo. The information submissions have been voluntary during a transition period since the security data requirement took effect in July, 2009.

Import Criteria

The Entry Summary Declaration (ENS) applies to all goods (unless waived or exempted) brought into the EC customs territory beginning January 1, 2011, including freight remaining on board (FROB), regardless of the final destination. The carrier is responsible for lodging the ENS.

The ENS must be submitted to the customs office within the following timeframes:

•  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 containerized 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

Export Criteria

As of January 1, 2011, carriers will also be obligated to submit security data to the customs office of exit before the exit of goods from the EU, however this obligation does not apply to FROB cargo. The security data may added to a customs declaration or a transit declaration, or can be lodged as a separate exit summary declaration.

The timeframes for submitting data are as follows:

• 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 containerized shipping):

At least 4 hours before leaving the EU port

• Air Traffic:

At least by 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

 

Criteria Specifically for Maritime containerized traffic:

Advanced data requirements inbound containerized maritime cargo include:

• ENS must be lodged with customs officials for all goods brought into the EC, including FROB. If an ENS is not filed in time, national penalties may apply.
• For deep-sea containerized shipments traveling over 24 hours, the ENS must be lodged at least 24 hours before loading in a foreign port.
• The carrier is responsible for lodging the ENS. Each party which issues a bill of lading for carriage of goods on the vessel is considered the ocean carrier and is responsible for the ENS filing for the containers it has on the vessel. Freight Forwarders and NVOCCs, or other third party representatives, can file the ENS, with the consent of the carrier.
• The Ocean Carrier may base the ENS on known data from the Master Bill of Lading.
• The ENS does not replace traditional manifest filing.

Advanced data requirements for outbound containerized maritime cargo include:

• Exit summary declaration (EXS) required if goods leaving the EU are not covered by other declarations such as a customs declaration for export, reexport, outward processing or transit. Failure to lodge a timely EXS would result in the loading not being granted, and possible national penalties.
• The Carrier, Exporter, Forwarder or other relevant parties may lodge the EXS. The responsibility is not specifically delegated to the Carrier, as it is with ENS.
• The Ocean Carrier may base the ENS on known data from the Bill of Lading.
• For deep-sea containerized shipments traveling over 24 hours, the ENS must be lodged at least 24 hours before loading in an EU port.
• EXS does not replace Member Country Export Manifest Filing, although it may be waived by the Country.

Further details regarding the data required for imports and exports can be obtained in Annex 30A CCIP or by contacting a Barnes Richardson attorney.