Policy & Compliance
Entry summary declarations for goods arriving from the EU – October 2024
A signi fi cant element of the Border Target Operating Model that has yet to be introduced is the legal requirement to lodge an entry summary declaration for safety and security purposes
concerned, do not necessarily have the understanding or the technical means and knowledge needed to fulfil their legal obligation. Consequently, it is anticipated that many road freight operators will turn to freight forwarders for their services in lodging safety and security declarations. Operationally, declarants will need to register first in order to submit ENS data to the S&S GB system. The actual submission of an XML message can already be done via software or CSP connections, but from October 2024 it will also be possible to submit safety and security data via a new functionality available in the Single Trade Window. The data-set required for ENS declarations can also be accessed on gov.uk. Data accuracy What freight forwarders willing to submit ENS declarations need to bear in mind, however, is that by becoming declarants they become responsible for the accuracy of data. Contraventions may attract a fine of up to £1,000. Another important element of lodging ENS declarations is the time limits that apply. On the Calais- Dover route, for example, the one likely to be most affected by the new requirement, an ENS needs to be lodged at least two hours before cargo arrival at the port. All that means that a freight forwarder who wants to undertake submissions of S&S data needs to be aware of its position in the chain and legal data requirements, but also potential consequences when things go wrong. With that in mind, a conscious decision and careful planning will be key to a successful operation. More information can be found under the links below: • www.gov.uk/guidance/making- an-entry-summary-declaration • www.gov.uk/guidance/register- to-make-an-entry-summary-de claration-in-great-britain
T he Border Target Operating Model (BTOM) has brought in a lot of operational changes this year already and its implementation is slowly nearing completion. One signi fi cant element of the BTOM still to be implemented is the requirement to lodge an entry summary declaration (ENS) for safety and security purposes. The legal requirement to lodge data for safety and security purposes was introduced in the wake of the 9/11 attacks of 2001 in the US, with the aim of preventing terrorism. It has since been an integral part of a standard procedure when moving goods in international trade, with various countries requesting pre-arrival or pre-loading information to be submitted into their local system (ie ICS in the EU). Waiver policy Members may remember that the waiver to lodge an ENS for goods coming from the EU and the EFTA countries has been in place since 2021 when the UK left the EU. Interestingly, the policy to waive the ENS requirement was in stark contrast to the approach taken by government towards the so-called rest-of-the-world countries, with goods coming from there always in need of an ENS. It is also worth noting that even though the ENS requirement has been in place for a long time, relatively few freight forwarders have any operational experience with the declaration and there is a good reason for that as the requirement to lodge an ENS is generally defined as a responsibility of the carrier. To quote the legal basis for the requirement to lodge an ENS, which in the UK is still derived from the retained EU legislation, Article 127.4 of the Union Customs Code says the
following: 4. The entry summary declaration shall be lodged by the carrier. Notwithstanding the obligations of the carrier, the entry summary declaration may be lodged instead by one of the following persons: (a) The importer or consignee or other person in whose name or on whose behalf the carrier acts; (b) Any person who is able to present the goods in question or have them presented at the Customs office of entry. Although the actual definition of the carrier (Article 5.40 UCC) is rather complex, the commonly accepted simplified version says that the carrier is the person who controls the active means of transport. This, in the case of sea- and airfreight, usually means shipping and airlines. And they have been submitting ENS declarations for years now. But road freight vehicle operators, in particular when accompanied movements are
“ What freight forwarders willing to submit ENS declarations need to bear in mind, however, is that by becoming declarants they become responsible for the accuracy of data.
20 | August 2024
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