BIFAlink October 24

Policy & Compliance

ENS – The fi nal call The waiver on the requirement to lodge an ENS will fi nally be removed from 31 October 2024. Lodging an ENS is a service that many BIFA Members offer to carriers

rebooking of ferry crossings, etc. All these elements should be considered if an operation is to be successful and legally correct. What is also interesting is that at the time of writing this article, HMRC had not done much in terms of engagement with trade. We do not want to read too much from this fact but we certainly encourage Members to watch any ENS-related developments very carefully. Related enquiries We also encourage Members to contact the Policy & Compliance team (Pawel Jarza p.jarza@bifa.org and Igor Popovics i.popovics@bifa.org) at the Secretariat if they have any specific safety and security related enquiries, which we will try to assist with. For more information, please check the links below: • www.gov.uk/guidance/safety- and-security-requirements-on-i mports-and-exports • www.gov.uk/guidance/making- an-entry-summary-declaration • www.gov.uk/government/ publications/the-border-target- operating-model-august-2023 BIFAlink has published the following articles in past issues: • September 2024 – page 10 – Entry Summary declarations – Technical & Data requirements. • August 2024 – page 20 – Entry Summary Declarations for goods arriving from the EU.

T he Border Target Operating Model published in August 2023 paved the way for the implementation of a full border control regime on goods coming from the European Union. The rationale behind this was to create a unitary border model for imports and exports of goods, regardless of their origin. The model includes the requirement to lodge an Entry Summary Declaration (ENS) for goods coming from the EU and the EFTA countries. This specific requirement has not been enforced under the previous arrangements, but the waiver to lodge an ENS will finally be removed from 31 October 2024. The ENS concept In preparation for this moment, BIFA has been publishing information about the ENS concept, including its legal and operational implications, and this information can be found under the links we quote in this article. BIFA understands that, although the requirement to lodge an ENS is

not directly associated with the freight forwarder (legally it is the carrier who is under the obligation lodge an ENS), many BIFA Members will offer this service to carriers who may not be able to lodge an ENS themselves. This will likely be the case when goods are moved by road and the carrier will be a non-UK based trader whose knowledge of local systems will be limited. Members who consider putting themselves in the position of someone who lodges an ENS should therefore acquaint themselves with the legal requirements. They should also understand how (via software or maybe the Single Trade Window) and when an ENS should be lodged. Equally important is the operational planning, as whoever lodges the declaration should ensure that they can obtain the necessary information required for the purpose of safety and security notifications in a timely manner. This, for many traders, may turn out to be the most difficult part of the process as road freight is known for its high volatility, sudden changes of means of transport,

“ Whoever lodges the declaration should ensure that they can obtain the necessary information required for the purpose of safety and security noti fi cations in a timely manner

8 | October 2024

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