Completing EU’s proposal as part of the implementation of the new Union Customs Code
The European Commission has been working to rewrite the European Unions 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 Commissions 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 WSCs 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 Commissions 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.)
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 Commissions proposal to require the identity of the buyer and seller of goodsbeing imported into the EU to be a part of a carriers 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.
Source: World Shipping Council