Further information regarding EU rules on advance cargo declaration
BIMCO has now issued a Special Circular (No. 1 January 2011) with further information on the EU Advance Cargo Declaration Clauses, which were published in November 2010. The Clauses address the EU Rules on advance cargo declaration, which came into force on 1 January 2011.
The Clauses are modelled on the BIMCO US AMS (Automated Manifest System) Clauses published in 2004, but modified to suit the EU Rules. Under the voyage charter party version it is the shipowner who assumes the role of “carrier” for the purpose of the Clause, including the responsibility for compliance with the Rules, and under the time charter party version the responsibility rests with the charterer acting as “carrier”. However, it should be noted that although this is the most common commercial practice, this may not be the case for all transactions.
The Special Circular contains some useful guidance about the EU Rules as well as explanatory notes to the Clauses.
You may view the Special Circular.
Source: BIMCO
