NVOCC HBL－ENS Filingについて
2015年12月1日現在では、船社Carrier Master BLのみ
(source: World Shipping Council website – release 2015-01-22)
European Commission Proposed Amendments to ENS Filing Need Clarification
The European Commission has been working to rewrite the European Union’s advance cargo data reporting requirements for quite a while, and is now in the final stages of completing its proposal as part of the implementation of the new Union Customs Code (UCC).
Of the many changes for containerized maritime commerce being proposed by the Commission, two are of particular significance. One is the proposal to require non-vessel operating common carriers/freight forwarders (NVOCCs) to file entry summary declarations (ENS) just as ocean carriers do today. ENS filings must be made to the European Customs office of first entry 24 hours before a container is loaded onto a ship for transport to the EU in deep sea traffic. The Commission’s failure to include NVOCCs in its “24 hour rule” in 2006 has always been an obvious shortcoming. WSC has no objection to the logical proposal to fix that. We do note, however, that there is a need for clarity about the technical details of this change, as our attached comments discuss.
Second, and as noted in WSC’s January 2015 comments to the Commission, the Commission is looking for a short-cut way to obtain the identity of the “buyer” and “seller” of the imported goods before vessel loading. Instead of getting it from the importer, like the U.S. does, the Commission’s proposed regulation would require that this information be provided to the carrier/NVOCC – or in the alternative, to the “consignee” – to be filed in an ENS as a condition of vessel loading.
Based on our understanding and experience with shippers, WSC has consistently advised the Commission that “buyer” and “seller” data may be business confidential information, and that it is not appropriate to require its disclosure to ocean carriers/NVOCCs or to these parties’ consignees, who may not be parties to the goods’ sales contract. (Note: In addition, carriers’ current documentation systems have no data fields to capture this information.) We continue to advocate this view, as explained in more detail in the January 2015 paper submitted to the Commission entitled “Why the European Commission’s Proposed Amendments to the ENS Filing System Need Further Clarification Before Adoption”.
If this regulation is implemented as proposed, exporters to the EU should recognize that they will be required to provide the identity of the buyers of their goods to their carrier or NVOCC (or to their “consignees”) prior to vessel loading, so that this information could be provided by the carrier or NVOCC in its required advance ENS filing. WSC has been joined by the European Shippers Council, the European freight forwarders’ association (CLECAT) and the European Community Shipowners Association (ECSA) in opposing the Commission’s proposal to require the identity of the buyer and seller of goods being imported into the EU to be a part of a carrier’s ENS filing. Other trade associations representing European businesses and importers have also raised serious concerns about the proposal; however, such opposition has been unsuccessful to date.
The Commission regulations for the implementation of the UCC are scheduled to be adopted in May so that they, in principle, can take effect as of May 1, 2016.
ABOUT THE WORLD SHIPPING COUNCIL (WSC): The World Shipping Council is an association of liner shipping companies with offices in Brussels and Washington, D.C. Its members operate approximately 90 percent of the global liner ship capacity, providing approximately 400 regularly scheduled services linking the continents of the world. Collectively, these services transport about 60 percent of the value of global seaborne trade, or more than US$ 4 trillion worth of goods annually. For more information about the World Shipping Council, visit www.worldshipping.org .
WSC archive PDF click here
(Source: Cyber Shipping Guide 2015年1月27日より)
(Source: EU website – Security Ammendament)
The main building block of customs security at EU level in both legislative and practical terms is the ‘Safety and Security Amendment’ to the Community Customs Code. The Amendment aims to ensure an equivalent level of protection through customs controls for all goods brought into or out of the EU’s customs territory.
For updated information on customs matters please visit EU Customs and Taxation.
The amendment covers four major changes to the Customs Code:
- Requiring traders to provide customs authorities with information (see the new version with the consolidated version of Annex 30A ) on goods prior to import to or export from the European Union;
- Providing reliable traders with trade facilitation measures (see Authorised Economic Operator);
- Introducing uniform Community risk-selection criteria for controls, supported by computerised systems for goods brought into, or out of, the EU customs territory;
- Introducing, Community data base allowing the consultation of all national registration numbers (EORI).
- Not to delay consignments pending the results of the risk analysis, and
- To allow carriers to concentrate all the information in a single customs office instead of several ones,
the safety and security risk analysis will be carried out before the arrival of the goods in the EU.
Since 1 July 2009 relevant security data has had in principle to be provided before the goods enter or leave the Community customs territory. The security data has to be sent electronically by economic operators with the possibility of exchanging this information with Member States administrations.
Since 1 January 2011 this advance declaration has been an obligation for traders and no longer an option. In other words, the transitional period (introduced on 1 July 2009) has ended. Since 1 January 2011 relevant security data have had to be sent before the arrival of the goods on 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 purposes.