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Structure of the presentation :

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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Structure of the presentation :

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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. Core processes: ICS presentation 29 May 2008 updated

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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

  21. 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

  22. 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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