CUSTOMER NOTICE:
EU ADVANCE CARGO SECURITY RULES
The European Union
(EU) has promulgated new advance cargo security rules
that are scheduled to take effect after midnight December 31, 2010.
These rules are similar to those established in other jurisdictions.
The European Advance
Cargo Security Rules requires that the ocean carrier
file with the relevant
national Customs authority in the EU an Entry Summary Declaration (ENS)
for all shipments that will be carried on a vessel that will call one
or more ports in the European Union.
It must be noted that this new
EU regulation also applies to imports into Norway and Switzerland
as
they have the same status as the EU Member States as far as this regulation
is concerned.
The EU rules require
that the ENS must be filed no later than 24 hours
before commencement
of vessel loading for container shipments in each foreign (i.e.,
non-EU) port on the vessel schedule and no later than 4 hours before
arrival in the 1st port of first entry of the Community for
breakbulk cargo (includes cars and rolling equipment).
An ENS is required
irrespective of the final destination of each individual shipment on
a vessel arriving in the EU.
This means that an ENS is required for
shipments:
The ENS will be sent to the Customs
office of the first port of entry (first port of call) in the EU.
This
Customs office will carry out the security assessment.
In case a risk
is identified subsequent EU ports will be informed.
Following risk types
can potentially be assigned to shipments submitted in the ENS information:
The EU rules prescribes
the data elements that must be included in the ENS.
An
incomplete ENS will be rejected by the Customs authorities.
A container
shipment for which an ENS has not been filed and accepted by Customs
may not be loaded.
In other words -- the EU 24 Hour Rule applies
a “no documentation – no load” requirement for container
cargo.
Penalties and delay of the vessel and shipments carried
may result in case of breach of this requirement.
Wallenius Wilhelmsen
Logistics will apply this “no documentation- no load” requirement
for container shipments loaded on vessels calling an EU port.
The data elements required
to be included in the ENS
will need to be taken from the ocean carrier’s
master Bill of Lading (B/L).
We Wallenius Wilhelmsen Logistics
issue our master B/L on the basis of information provided at the time
of booking
and completed by the shipping instructions as received
from each of our shipper customers.
The most efficient
way to reduce the likelihood of European Customs authorities issuing
“Do Not Load” requests
or holding cargo after discharge is
to ensure that the shipping instructions are:
The data elements we
will need to receive as part of the shipping instructions for inclusion
in the ENS are:
Wallenius Wilhelmsen
Logistics has been following up on the implementation of this regulation
since it was first published some years ago and we have established
a project team
to ensure compliance well within the deadline of 1st
January 2011.
This includes the development of the necessary systems
and interfaces with the various customs authorities of the EU Member
States.
We are planning to
further inform our customers and trading partners latest by end of September
of our progress
to comply with these regulations and possible business
impacts.
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More information about
the EU’s new advance cargo security rules
can be obtained from the
European Commission’s website: http://ec.europa.eu/ecip/