ENS - new rules
|ENTRY SUMMARY DECLARATION (jan 1st 2011)|
Information Security Data
From 1 January 2011 this advance declaration is an obligation for traders and no longer an option. In other words, the transitional period(introduced on 1 July 2009)ends. As of 1 January 2011 relevant security data have to be sent before the arrival of the goodson the EU customs territory. If from 1 January 2011 goods were not declared in advance or in other words if safety and security data were not sent in advance, then goods have to be declared immediately on arrival at the border, which can delay the customs clearance of consignments at the border pending the results of risk analysis for safety and security
From 1st July 2009, security data has to be provided before arrival or departure of the goods into or out of the Community customs territory.
What does "security data" exactly mean?
It is the information in other words it is the "data elements" detailed in Annex 30A of the Customs Code Implementing Provisions as last amended by Regulation 169/2010 of 1 March 2010.
The transitional period in place between 1 July 2009 and 31 December 2010 for the provision of Entry Summary Declaration
and Exit Summary Declaration
, and implied that these data elements were requested as of 1 July 2009 only for export declarations.
The data requirements can be found in Tables 1 to 6 of Annex 30A
as last amended by Regulation 169/2010
of 1 March 2010.
Annex 30A defines the following specific datasets:
at entry, datasets for some modes of transport (air, sea, inland waterways, rail and road) and for AEOs;
similarly, at exit, datasets for air, sea, inland waterways, air and ship supplies and for AEOs;
Finally, there are specific datasets for postal and express consignments operations at entry at exit.
The requirements are explained in the accompanying explanatory notes that contain data definitions and specifications.
Attention must be drawn to the fact that from 1 July 2009, the registration numbers attributed nationally will be available at Community level (EORI). Therefore, all registration numbers of
persons that, according to legislation, must be established in the Community will be controlled.
Annex 30A also contains harmonised datasets in table 7 as last amended by Regulation 169/2010 of 1 March 2010 for the various types of simplified procedures.
(for any further clarification, please don't hesitate to contact us email@example.com )
some additional information (abstract from the FAQ page):
10.11 If a forwarder provides to the carrier only a general cargo description of the shipments in a consolidated container, will this be sufficient for the carrier when it lodges the ENS?
Yes, a carrier can only include in its ENS the information "known to it", i.e. available in the shipping instructions as reflected in the master bill of lading. Therefore, if the forwarder has provided a plain language general cargo description, then the carrier can use that description for inclusion in the carrier's ENS filing. However, it should be noted that certain plain language cargo descriptions are unacceptable; these are set out in the Commission's cargo description guidelines
10.12 Should the ENS contain both the HS code and the cargo description, or is only one of the two cargo information data elements required?
Either the HS code or a plain language cargo description is required to be provided in the ENS, but not both.
The exact language in the Explanatory Notes in Annex 30A reads:
"Goods description: [ENS]: It is a plain language description that is precise enough for customs services to be able to identify the goods. General terms (i.e. consolidated, general cargo or parts) cannot be accepted. A list of such general terms will be published by the Commission.
It is not necessary to provide this information where the commodity code is provided".
10.13 If the HS code is used in the ENS, how many digits must be provided?
The Explanatory Notes to Annex 30A clarify that, if a commodity code is provided instead of a plain language cargo description, then only the first four digits of the CN (HS) code are required. The exact language reads: "Commodity code: [ENS]: First four digits of the CN code; it is not necessary to provide this information where the goods description is provided".