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The EU Regulation 1875/2006 requires the lodgment of Entry Summary Declarations (ENS) for inbound cargo effective December 31, 2010. These FAQs will provide information about the basic principles of the rule and furthermore, show the Hapag-Lloyd solution how to handle the requirements. Please note that the following FAQs refer to deep sea containerized traffic.
Version: July 2011
All goods brought into the customs territory of the EU, regardless of their final destination, shall be covered by an ENS. I.e. all cargo discharged in an EU port (including transshipment cargo) as well as FROB cargo ( Foreign Cargo Remaining on Board).
Yes, a 3rd party, for example a freight forwarder, could file the ENS instead of the carrier, but only with the knowledge and consent of the ocean carrier and with the consequence that the 3rd party is liable for the correctness of the filing.
For deep-sea containerized shipments, i.e. from Americas or Asia to the EU, the ENS must be lodged at least 24 hours prior to commencement of loading in each non-EU load port.
At the customs office of the first port of entry (first port of call) in the EU. This office will carry out the risk assessment.
In general possible, however, in single cases the amendment request might not be accepted by customs. All ENS are affected after a notification of an International Diversion has been acknowledged by the originally declared customs office, i.e. none of the ENS can be amended thereafter.
Unlike USA (AMS), the EU regulation does neither require dual filing nor the submission of ultimate shipper and consignee data. Filing of the master B/L data (ocean carrier’s B/L) is sufficient, even if a freight forwarder/NVOCC is identified as both the shipper and the consignee.
It is necessary to lodge ENS from the US ports with Customs in Tarragona, the first port of entry in the EU. Furthermore a second ENS must be lodged with Customs in Piraeus for cargo previously loaded in the US and for cargo loaded in Tarragona, Malta and Haifa at the latest 2 hours prior to arrival in Piraeus.
According to the EU regulation an International Diversion is a diversion where the vessel is diverted to a port in another EU Member State which was not included in the original schedule. For example: Antwerp – Hamburg changes to Rotterdam – Hamburg. The vessel operator must communicate this International Diversion to the customs office of the original first port of entry in the EU.
Decision on penalties are taken pursuant to the national customs legislation in the individual Member State. No precise information have been brought forward by the majority of Member States up to now.
No matter whether container, including reefer container, are shipped on container or bulk vessels, the deadline for transmitting ENS for containerized cargo is 24 hours prior to loading. Not the vessel type is important but whether the cargo is containerized or in bulk.
Yes, the decision was taken for an in-house solution, because only few enhancement to our current system are necessary, there are fewer interfaces and we expect less technical problems. Certification and registration with those EU countries where Hapag-Lloyd services have their first EU port of entry has taken place. Meanwhile we are transmitting ENS to the customs authorities of all these countries (BE, DE, ES, FR, GR, IT, MT, NL, RO) and are receiving movement reference numbers (MRN).
Due to the fact that the EU regulation does not require submission of ultimate shipper and consignee data, Hapag-Lloyd presumes that freight forwarders/NVOCCs are not interested in filing instead of the carrier, who is legally responsible for the timely submission of ENS data.
Even though not mandatory yet, Hapag-Lloyd will require the first four digits of the HS code on cargo (cargo line item) level . If possible, we would like to receive the first six digits of the HS code on cargo (cargo line item) level. Reason being that EU Member States are free to chose the language they want to receive the goods’ description in, if provided in plain language. Not all EU Member States will accept a cargo description provided in English.
Yes, documentation closing will be as for the other 24 Hour Rules, approximately 72 hours (excluding weekends) prior to loading. Precise information is stipulated in the Hapag-Lloyd booking confirmation.
If the security manifest data is not transmitted 24 hours prior to loading, this can result in fines and vessel delays in the EU ports. Therefore, all shipping instructions must be submitted according to the documentation cut-off time stipulated in the Hapag-Lloyd booking confirmation. Consequently, non-compliance may lead to cargo not being loaded on board the EU going vessel.
We will convey this information to the respective customer in accordance with the legally allowed actions.
Unlike risk type A, it is not yet sure when customs will inform the carrier about the other risk types. It is probable that the information will only be obtained upon arrival of vessel. Whenever we will be informed by customs that cargo falls under risk type B or C, Hapag-Lloyd will pass this information on to its customer in accordance with the legally allowed actions.
The security initiative requires the electronic transmission of ENS to EU Customs. This demand has had and will continue to have a considerable cost impact on the ocean carrier. Hapag-Lloyd has implemented aSecurity Manifest Documentation Fee (SMD) with effect from January 1, 2011.
No, there are not yet. Unlike USA (AMS) filing of House Bs/L displaying the ultimate shipper and consignee is not required yet. It is sufficient if freight forwarders/NVOCCs lodge their regular shipping instructions according to the documentation closing times stipulated in the Hapag-Lloyd booking confirmation. However, this is due to change effective March 2024. Provision of the four digit HS code on cargo (cargo line item) level in the shipping instructions is strongly recommended.