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Import Control System (ICS) Presentation for representatives of air transportation 29 May 2008, Brussels. Structure of the presentation :. Legal base Entry core processes  high level business scenarios in separate presentation Entry Summary Declaration (ENS) Diversion request

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slide1

Import Control System (ICS) Presentation for representatives of air transportation 29 May 2008, Brussels

ICS presentation 29 May 2008 updated

slide2

Structure of the presentation:

  • Legal base
  • Entry core processes  high level business scenarios in separate presentation
    • Entry Summary Declaration (ENS)
    • Diversion request
    • Arrival notification
    • Presentation of goods
  • Specific topics
    • ENS structure and standards
    • EORI
    • AEO reduced data set
    • Consignee
    • Goods descriptions
    • Empty containers
  • TAXUD website

ICS presentation 29 May 2008 updated

slide3

Legal provisions: Regulation 648/05 (1)

(Amendment to Customs Code)

  • Authorised Economic Operators (AEO)
  • Common risk management framework/Customs controls(common risk profiles, MS exchange risk information)
  • Electronic pre-arrival declarations (Entry Summary Declarations, ENS) for goods entering the EU  ICS
  • Electronic pre-departure declarations (Exit Summary Declarations, EXS) for goods leaving the EU  ECS
  • Customs declarations including safety and security data  ECS (Export), NCTS (Transit), MS system (Import)

ICS presentation 29 May 2008 updated

slide4

Legal provisions: Regulation 648/05 (2)

Note:

Art 36a and 182a talk about ‘summary declarations’

but

Entry and Exit Summary Declarations are meant

(not ‘summary declarations for temporary storage’)

Clarified in Regulation 1875/06

ICS presentation 29 May 2008 updated

slide5

Legal provisions: Regulation 648/05 (3)

  • Responsibility for providing the ENS/EXS: Reg. 648/05, Art. 36b 3 and 4
  • The person who brings the goods or who assumes responsibility for
  • the carriage of the goods into the customs territory of the Community.
  • Or
  • ‘with his knowledge and consent’ (agreed interpretation):
    • the person who acts in his name, or
    • any person who is able to present the goods in question or to have them presented to the competent customs authority, or
    • a representative

ICS presentation 29 May 2008 updated

slide6

Legal provisions: Regulation 1875/06

(Amendment to the CC implementing provisions)

  • Implementing provisions for Reg. 648/05 (e.g. time limits)
  • Includes Annex 30A (data requirement for ENS and EXS);Relevant for air transportation:
      • Explanatory notes
      • Table 1 (default data set)
      • Table 5 (AEO reduced dataset)
      • New table 6 to be introduced for ‘diversion request’
  • Is about to be amended:
    • Fine tuned to reflect the agreed specifications
    • Target date for final text: mid 08

ICS presentation 29 May 2008 updated

slide7

Core processes:

ICS presentation 29 May 2008 updated

slide8

ICS phase 1 specifications for 01.07.2009

  • Scope of commonly agreed specifications for ICS phase 1 (01.07.2009) limited to:
    • Handling of the ENS
    • Exchange of s&s risk analysis results between MS
    • Handling of international diversions
  • Arrival, presentation of goods and handling of customs declarations with s&s data  MS’s matter
  • Trader interface with the MS’s ICS specifications provided by MS

ICS presentation 29 May 2008 updated

slide9

Step 1: Entry summary declaration (1)

Send ENS to Customs

  • Standardised electronic ICS message (same in all the MS)
  • Sent to:
    • Office of first Entry or
    • Office of Lodgement in another MS (if accepted there)
  • Prior to arrival (legal time limits!)
  • Must contain Annex 30A data, including:
    • Mode of transport at border
    • Identity of means of transport: IATA or ICOA flight number
    • Expected date and time of arrival
    • Office of first Entry
    • The carrier’s EORI number and its transport document number
  • A Representative can be declared

ICS presentation 29 May 2008 updated

slide10

Step 1: Entry summary declaration (2)

Customs register ENS

  • Customs generate Movement Reference Number (MRN) upon registration of the ENS
  • Registration communicated electronically by Customs to:
    • Person lodging ENS and
    • Carrier declared in ENS (if connected to ICS and if EORI number declared)
  • Messages to carrier contain:
      • Person lodging the ENS (e.g. forwarder)
      • Carrier’s transport document
      • MRN and other elements
    •  Enable carrier to make sure that ENS have been lodged for the issued transport document

ICS presentation 29 May 2008 updated

slide11

Step 1: Entry summary declaration (3)

Amendments

  • Sent to Office of first Entry declared in the ENS
  • By Person lodging the ENS or by Representative declared in the ENS
  • Acceptance communicated to:
    • Sender of the amendment request
    • Carrier, if
      • Connected to ICS
      • EORI number declared
      • He has applied for this functionality in the MS (under discussion)

ICS presentation 29 May 2008 updated

slide12

Step 2: Diversion request (1)

  • Standardised electronic ICS message (same in all the MS)
  • Sent by the operator of the active means of transport entering the EU or by his representative
  • Data requirements about to be incorporated in Annex 30A (new Table 6)
  • Prior to arrival
  • Sent to the Office of first Entry declared in the ENS
  • Required only if :
    • Diversion at Office of first Entry and
    • Diversion to a Member State not declared in the ENS (neither as first nor as subsequent Office of Entry)
  • Not required in case of national diversions or in case of diversions at subsequent Offices of Entry

ICS presentation 29 May 2008 updated

slide13

Step 2: Diversion request (2)

  • Must contain references enabling Customs to identify the related ENS
    • Mode of transport at border
    • Identity of means of transport: IATA or ICOA flight number
    • Expected date of arrival
    • Declared and Actual Office of first Entry
    • MRN = optional alternative
  • Declared Office of first Entry
    • Notifies the sender of the registration of the diversion request
    • Immediately informs the actual Office of first Entry using ICS (sending the risk analysis results)

ICS presentation 29 May 2008 updated

slide14

Step 3: Arrival notification

  • Not harmonised (to be implemented by the Member States)
  • Existing reporting systems may be used
  • For the Customs to check ENS risk analysis results and to initiate appropriate controls upon arrival, also for FROB not being presented to Customs
  • Sent by the operator of the active means of transport (aircraft)
  • At the latest upon arrival at the Office of first Entry
  • Not to be provided at Offices of subsequent Entry (at least not for s&s purposes)
  • Must contain references to the ENS:
    • Mode of transport at border
    • Identity of means of transport: IATA or ICOA flight number
    • Expected date of arrival
    • Actual Office of first Entry
    • MRN = optional alternative

ICS presentation 29 May 2008 updated

slide15

Step 4: Presentation of goods

  • Not harmonised (to be implemented by the Member States)
  • Existing systems may be used
  • Must cover goods to be unloaded only
  • Must contain references to the ENS:
    • Mode of transport at border
    • Identity of means of transport: IATA or ICOA flight number
    • Expected date of arrival
    • Actual Office of first Entry
    • MRN = optional alternative
  • ICS functional specifications Process CO3
  • Exchange of common messages between customs offices (IE 302/IE 303) must be implemented
  • Changes will be required since the legal provisions are about to be amended

ICS presentation 29 May 2008 updated

slide16

Specific topic: ENS structure and standards

  • Structure, content, codes and validation checks binding for the MS
  • Technical format (XML, EDIFACT….) to be defined by MS
    • COM has collected information from the MS
    • Results of the survey available to the Trade Contact Group on CIRCA
  • The data element ‘specific circumstance indicator’ triggers Annex 30A dataset
  • One single message definition (IE315) covering Annex 30A, Table 1-5

ICS presentation 29 May 2008 updated

slide17

Specific topic: EORI

(Economic Operator Registration and Identification)

  • Legal provisions adopted on 25 April 2008
  • Following actors shall be registered in EORI and their number (TIN) shall be declared in ICS:
      • Person lodging ENS
      • Representative
      • For air transportation the Trader at Entry  Carrier
  • All other actors may be registered in EORI
  • List of authorities assigning EORI numbers will be published by the COM

ICS presentation 29 May 2008 updated

slide18

Specific topic: AEO reduced data set

  • Documented in Annex 30A, Table 5 (limited reduction of data)
  • The ‘specific circumstance indicator’ ‘E’ shall be declared
  • The Person lodging the ENS and all Consigneesdeclared in the ENS must:
    • be registered in EORI and
    • declare the EORI TIN and
    • have an AEO certificate for
      • safety and security and/or
      • for customs simplifications and safety and security

ICS presentation 29 May 2008 updated

slide19

Specific topic: Consignee

  • According to Annex 30A the Consignee is the ‘Party to whom goods are actually consigned’
  • The objective is to get the importer address, if possible
  • Forwarder info acceptable if actual Consignee is not available to the Person lodging the ENS
  • Not providing the actual Consignee may aim to a higher level of risk

ICS presentation 29 May 2008 updated

slide20

Specific topic: Non acceptable goods descriptions

  • Document TAXUD 1407/2007 published on TAXUD website (see last slide)
  • Document provides for guidelines only
  • TCG has been informed that non acceptable goods descriptions may trigger results in the risk analysis
  • Merging goods of different commodities (e.g. shoes and engines) in one single goods item of an ENS should be avoided
  • Further alignment with US list could be envisaged

ICS presentation 29 May 2008 updated

slide21

Specific topic: Empty Containers

  • Regulation 1875/06, Art. 181c (a) and 592a (a) proposed to be amended
  • to say that only for
  • ‘containers transported carried under a transport contract’
  • ENS/EXS are required

ICS presentation 29 May 2008 updated

slide22

TAXUD website - Customs and Security:

  • http://ec.europa.eu/taxation_customs/customs/policy_issues/customs_security/index_en.htm
  • Customs related security initiatives of the EU
    • Legal basis
    • AEO
    • Goods descriptions
    • Frequently asked questions
  • Customs security programme
  • Security cooperation with third countries
  • Other topics

ICS presentation 29 May 2008 updated

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