Policy & Compliance
Submitting on behalf of the haulier The fourth mentioned option would be a new service and consideration, particularly regarding where and from whom the data to complete the declaration would originate. The BIFA STC are broad ranging and would cover a Member submitting a declaration on behalf of a haulier; the latter in effect would be a customer of the agent submitting the ENS. Considerations As submitting safety and security declarations for roadfreight from the EU is a new process, it is essential to consider a number of factors including: • Responsibilities for submitting the information that needs to be included in the ENS; • Timelines for submitting the data to government; • The importance of clearly incorporating BIFA STC in any and all contracts with parties on whose behalf Members act. In all situations the haulier retains responsibility for ensuring that the ENS is submitted (the provision of a valid MRN is thought to be sufficient evidence) while the responsibility for its accuracy rests with the party making the declaration. Due to this the haulier will have its own concerns, mainly centring around the consequences stemming from issues surrounding inaccurate data being included in the ENS. The CMR Convention does permit international hauliers to recover such costs, including for delays and demurrage, from their customer. BIFA Members should be vigilant to ensure that hauliers do not place any responsibilities on them greater than those in the relevant convention or BIFA STC. Government encouragement There is considerable confusion regarding the submission of the ENS particularly as, rather late in the implementation process and faced with hauliers advising that they are not willing or able to submit the declaration, government has started encouraging BIFA Members to undertake the task. Solicitors believe that BIFA STC are sufficiently broad to cover scenarios where Members complete and lodge an ENS. The crucial point is that the STC must be incorporated with the client, whoever they may be. It would be good practice to highlight that these cover all activity conducted on behalf of the client and do include the new requirement to submit the ENS. It must be remembered that this is generic information and Members should seek specific guidance from a suitably qualified legal expert on the contractual arrangements if they have any concerns. This is a complex and evolving situation, and to further assist Members we have arranged an online webinar with HMRC to be held on 7 January on this subject. Register to attend at https://bifa.org/event/webinar-ss- gb-declarations-from-the-eu-technical-discussion/.
BIFA has reviewed the S&S GB dataset and, after speaking to Members, it is felt that the following data will be difficult to obtain: • Identity of means of transport crossing the border (vehicle registration number); • Seal Number; • Country(ies) of routing codes; • Transport charges method of payment code. DDP shipments DDP shipments are more complex, particularly where there is no importer established in the UK. Solicitors feel that, in this situation, agreement will need to be reached at origin regarding responsibilities and allocation of costs. All charges, including for lodging an ENS, will be for the account of the origin seller/exporter. The party raising the final invoice to the seller/exporter is usually either the carrier or the origin agent. The UK Customs agent acts as a UK ‘Indirect Customs Agent’ on behalf of the non-established party when submitting the Customs declaration, and the agent should liaise with the party from whom it takes instruction and invoice it regarding submitting the ENS. Once again, BIFA STC should be incorporated in any contract. However, for DDP shipments where there is an established UK importer, agreement can be reached that the freight forwarder will make the ENS declaration on behalf of the importer. Although the cost will still be chargeable to the overseas seller.
“ Solicitors believe that BIFA STC are sufficiently broad to cover scenarios where Members complete and lodge an ENS
BIFA would like to thank Bruce Hailey of Salvus Law (email bh@salvuslaw.org) for his assistance in preparing this guidance.
January 2025 | 11
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