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

ICS presentation 29 May 2008 updated


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


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


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


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


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


    Core processes:

    ICS presentation 29 May 2008 updated


    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


    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


    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


    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


    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


    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


    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


    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


    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


    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


    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


    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


    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


    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


    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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