Technical Assistance Information Exchange Instrument TAIEX Training on the New EU Implementations on

1
Technical Assistance Information Exchange
Instrument (TAIEX)Training on the New EU
Implementations on Road Transport and Foreign
trade

• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

2
Changing environment new challenges for
Customs in general

• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

• Increasing globalisation of trade
• Increasing threat of terrorism and criminal
  activity
• Increasing interconnectivity andinterdependency
  of societies/countries

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CHANGING ROLE FOR CUSTOMS

• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

Traditional approach primary concern of customs
are anti-smuggling controls and fiscal matters
i.e. revenue protection and collection. New tasks
and new challenges due to increasing concerns for
safety and security of EU institutions and its
citizens
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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

Concept of security

• Identify consignments that constitute a high risk
  at the earliest possible point in time
• Identify traders that offer a high degree of
  security guarantees in respect of their role in
  the supply chain
• Concept pushes security of cargo back in supply
  chain by involving private sector and by
  requiring increased security at the point of
  origin and as the consignment moves through the
  supply chain

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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information
• The Safety and security Amendment to the
  Community Customs Code (Reg 648/05 and Reg
  1875/06 )

• Traders to provide customs authorities with
  information on goods prior to import to or
  export from the EU
• Provides reliable traders with trade facilitation
  measures (AEO)
• Uniform Community risk selection criteria for
  customs controls supported by computerised
  systems for imports and exports
• Introduces a Community database of national
  registration numbers (EORI).

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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information
• The Safety and security Amendment to the
  Community Customs Code (Reg 648/05 and Reg
  1875/06 )

• In order not to delay consignments pending the
  results of the risk analysis and to allow
  carriers to concentrate all the information in a
  single customs office the SS risk analysis WILL
  be carried out BEFORE the arrival of the goods in
  the EU.
• The security data (as contained in annex 30A to
  Regulation 1875) MUST be sent electronically by
  traders with the possibility of exchanging this
  information between Member States
  administrations.

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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information
• The Safety and security Amendment to the
  Community Customs Code (Reg 648/05 and Reg
  1875/06 ) Transitional Arrangements

• Between 1st July 2009 and 31st December 2010
  there will be a transitional period during which
  the submission of the ENS will be an option i.e.
  not an obligation. During this period goods not
  declared in advance may be submitted to risk
  analysis after arrival in the territory of the
  EU.
• However, it is advisable to ensure that the
  customs authorities of Bulgaria/Greece share a
  similar interpretation of EU legislation (with
  effect from the 1st July 2009).

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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information
• Goods entering the EU Procedures
• For goods entering the customs territory of
  the EU, pre-arrival declarations must be lodged
  electronically and within the time lines in one
  of the following formats
• .

• Entry Summary Declaration, data to be sent
  electronically to the national system of the
  Member State concerned or
• Import Customs Declaration including SS data,
  to be sent to the import systems of the Member
  State concerned or

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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information
• Goods entering the EU Procedures (contd)

• Transit customs declaration, including SS data
  to be sent to the national transit system of the
  Member State concerned.
• This means that for goods entering the EU
  under a transit procedure the responsible person
  (carrier?) has two options
• Lodge a transit declaration containing the SS
  data or
• Lodge a transit declaration without the SS data
  AND an entry summary declaration to meet the SS
  requirements.

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Pre-departure Information Time Lines

• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

- Deep-sea/cont. 24 hours before loading
- Short-sea/cont. 2 hours before
arrival - Maritime/bulk 4 hours before
arrival - Air/long 4 hours before
arrival - Air/short at take-off - Rail 2
hours before arrival - Road 1 hour before
arrival
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Pre-arrival Information Content of the Entry
Summary Declaration (Annex 30A)

• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

• It shall contain details of
• Number of items, consignor, consignee, weight etc
  The data for such a declaration is laid down in
  Table 2 of Annex 30A and the declaration shall be
  completed in accordance with the explanatory
  notes.

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Pre-arrival Information Who is responsible
for lodging the ENS declaration

• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

• It is the operator of the active means of
  transport on or in which the goods are brought
  into the territory of the EU. The operator (or
  carrier) is the person who brings, or assumes
  responsibility for the carriage of, the goods
  into the territory of the Community.

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Pre-arrival Information Can another person
lodge the ENS declaration

• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

• Yes, but this does not relieve the carrier
  of the responsibility for the ENS to be lodged
  with customs in accord with the time lines.
  Therefore, the ENS may only be lodged by a person
  other than the carrier only with their knowledge
  and consent.

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Pre-arrival Information Where shall an ENS
declaration be lodged?

• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

• The ENS should be lodged at the first EU
  customs office of entry. However, it may be sent
  to an office of lodgement if there is an
  electronic link with the customs office of entry.
  The customs office of entry remains responsible
  for risk analysis.

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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

Economic Operator Registration and Information
(EORI)
The person lodging an ENS declaration MUST
include his own EORI number and if not the
carrier, MUST also include the carriers EORI
number. To be used from 1st July 2009
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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

Economic Operator Registration and Information
(EORI) How to get an EORI number?
If the carrier, or another declarant, is not
established in the customs territory of the
Community they must apply to the
customs/designated authority of the Member State
where the first customs activity will take place.

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Authorised Economic Operator Status (AEO)

• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

From 1st January 2008, traders established in
the EU and those from countries that share a
customs cop-operation agreement with the EU could
apply for and be granted the status of AEO and
enjoy certain benefits such as a reduced data set
for the ENS. AEO status may, under certain
conditions, be available to traders moving goods
by sea and air but is not available to Third
Country operators moving goods by road and rail.
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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

Business Continuity
Formerly called Fallback. The EU IT systems
level of availability should be 97 and 99 with
effect from 2011. Maintenance periods should be
announced well in advance to enable trade and
customs to plan accordingly.
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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

Business Continuity

• One of the following options is available to
  Economic Operators when their system is
  unavailable to send the ENS
• Send the ENS as soon as possible after having
  resolved the reason for the unavailability of the
  system. This option is only available up to the
  arrival of the goods at the office of entry.
  However, the later the message is sent the more
  likelihood the movement will be selected for
  customs control and incur a delay
• Economic Operators should explore alternative
  means of sending the ENS when their system is
  unavailable e.g. use a Customs agent or NCTS or
  ICS as necessary

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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

Business Continuity

• When the customs system is unavailable they
  will
• The customs authorities as soon as the problem is
  resolved will process the ENS and allocate the
  MRN as appropriate i.e. prior to arrival of the
  movement at the office of entry
• If the situation cannot be resolved Customs
  authorities may apply their national processes to
  deal with fallback situations i.e. send
  positive risk results to subsequent customs
  offices e.g. by secure email .

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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

The Safety and security Amendment to the
Community Customs Code (Reg 648/05 and Reg
1875/06 )
Examples.
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Electronic Pre-Declaration Requirements and
Advanced Cargo InformationExample A Goods NOT
covered by a transit procedure.
Bulgaria/EU
ENS including carriers EORI no. submitted at
least one hour in advance of arrival
Company A

• Customs Office of
• entry performs risk analysis and sends
• Do not load message or MRN

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Electronic Pre-Declaration Requirements and
Advanced Cargo InformationExample B Goods NOT
covered by a transit procedure Diversion
Bulgaria
ENS including carriers EORI no. submitted at
least one hour in advance of arrival
MRN
Company A
Positive Risk information passed to actual office
of entry
Diversion notification
Greece
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Electronic Pre-Declaration Requirements and
Advanced Cargo InformationExample C Goods
covered by a transit procedure (TIR)
Bulgaria Customs office of entry
NCTS/TIR including SS data and carriers EORI
number submitted at least one hour in advance of
arrival
IE 928 Acknowledgment of receipt of declaration.
Risk analysis performed and declaration is held
in submitted state Upon arrival MRN issued
or the movement will be placed under customs
control
Company A
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Electronic Pre-Declaration Requirements and
Advanced Cargo InformationExample D Goods
covered by a transit (TIR) procedure Diversion
Bulgaria
NCTS/TIR including carriers EORI no. And SS
data submitted at least one hour in advance of
arrival
IE928
Risk analysis performed and declaration is held
in submitted state
Company A
Cancellation request
Greece
New NCTS/TIR Declaration etc
IE928
Risk analysis etc
Upon arrival MRN issued or placed under customs
control
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• Electronic Pre-Declaration Requirements and
  Advanced Cargo Information

• ANY QUESTIONS?

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Electronic Pre-Declaration Requirements and
Advanced Cargo InformationWeb site links

• EUROPA
• Safety and Security Overview
• http//ec.europa.eu/taxation_customs/customs/secur
  ity_amendment/general_overview/index_en.htm
• AEO
• http//ec.europa.eu/taxation_customs/customs/secur
  ity_amendment/who_is_concerned/index_en.htm
• EORI
• http//ec.europa.eu/taxation_customs/customs/secur
  ity_amendment/who_is_concerned/index_en.htmEORI
• Regulation 648/05
• http//eur-lex.europa.eu/LexUriServ/LexUriServ.do?
  uriOJL200511700130019ENPDF

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Electronic Pre-Declaration Requirements and
Advanced Cargo Information

• Regulation 1875/06 and Annex
• http//eur-lex.europa.eu/LexUriServ/LexUriServ.do?
  uriOJL200636000640125ENPDF
• UNECE
• TIR Overview
• http//www.unece.org/tir/welcome.html
• Focal Points
• Right hand column authorisation required
• Community Transit Co-ordinators
• http//ec.europa.eu/taxation_customs/resources/do
  cuments/customs/procedural_aspects/transit/common_
  community/taxud-978-98.pdf
•