EU Safety and Security Risk

Management Systems

European Commission /
1968-2008
Taxation and Customs Union

Industry Session, Geneva

June 17-18, 2010
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010
 Meeting Agenda
Day 1 Day 2
(Airlines-Forwarders) (EC reps-Airlines-Forwarders-Service Providers)

1. Background 1. EU Multi-Annual Strategic Plan (MASP)

2. Economic Operator Systems 2. Q&A on Economic Operator Systems

3. Export Control System (ECS) 3. Q&A on Export Control System (ECS)

4. Import Control System (ICS) 4. Q&A on Import Control System (ICS)

5. Q&A and preparation for day 2 5. Next Steps and Close of Meeting

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010 2
 EU Safety and Security Risk
Management Systems
Part 4 – Import Control System (ICS)

European Commission /
1968-2008
Taxation and Customs Union

Industry Session, Geneva

Day 1 June 17th, 2010
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010
 Legal Basis

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010
 Legal Basis (1) Adobe Acrobat
Document

Regulation 648/05 (Amendment to Customs Code)

¸ Authorised Economic Operators (AEO)
¸ Common risk management framework/Customs controls
¸ Electronic pre-arrival declarations (Entry Summary Declarations,
ENS) for goods entering the EU Î Import Control System (ICS)

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Legal Basis (2)
Regulation 648/05 (Amendment to Customs Code)
¸ Responsibility (and liability) for providing the ENS (Reg. 648/05,
Art. 36b 3 & 4):
“The person who brings the goods or who assumes responsibility
for the carriage of the goods into the customs territory of the
Community”.
Or
“with his knowledge and consent (agreed interpretation):
• the person who acts in his name, or
• any person who is able to present the goods in question or
to have them presented to the competent customs authority, or
• a representative”
Note: In which case liability still lies with the carrier
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010 6
 Legal Basis (3) Adobe Acrobat
Document

Regulation 1875/06 (Amendment to the CC implementing

provisions)

¸ Implementing provisions for Reg. 648/05 (e.g. time limits)

• 31 December 2010
¸ Includes Annex 30A (data requirement for ENS and EXS);
¸ Relevant for air transportation:
• Explanatory notes
• Table 1 (default data set)
• Table 5 (AEO reduced dataset)
• New table 6 to be introduced for ‘diversion request’

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Business Process
Microsoft Word
Document

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010
 Business Process: Import within the EU
Step 1 Step 2 only if needed! Step 3 Step 4
Entry summary Diversion request Arrival notification Presentation
declaration of goods
Covered by functional Covered by functional specs To be defined and To be defined and
specs ICS phase 1 ICS phase 1 implement by Member implement by Member
States States
Reg. 1875/06 Reg. 1875/06 Reg. 1875/06 Reg. 1875/06
Art 181b Art 183e Art 184g Art 186 (1)
(new process) (new process)
Short haul: take off When diversion is Upon arrival Unloading of goods
Long haul: 4 hours prior to confirmed, prior to arrival
arrival

For all the goods on board,
including FROB for third
countries
(one or multiple ENS)
For the aircraft
(for parts of the cargo if MRN
/MRN item number of the
ENS is provided)
For the aircraft For the goods to be
(for parts of the cargo if unloaded
MRN /MRN item number of (for parts of the cargo if
the ENS is provided) MRN /MRN item number of
the ENS is provided)

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Step 1: Entry summary declaration
Person lodging Trader at Entry Trader Office Declared Office Actual Office Office of
ENS (carrier) request. diversion of Lodgement of first Entry of first Entry subsequent Entry

ENS (IE315)
MRN (IE328)

MRN + IATA/ICAO flight number +Transport doc (IE328)

Control notification (IE351) if AEO

Control notification (IE351) if AEO

Amendment request (IE313)

Amendment acceptance (IE304)
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Step 1a: Send ENS to Customs
Ê Standardised electronic ICS message defined by EC (same data in all the
MS) but format defined at national level

Ê Sent to:
• Office of first Entry and possibly to the Office of Lodgement in another
MS (if accepted there)

Ê Prior to arrival (legal time limits!)

• 4hrs prior to arrival for long haul
• Prior/at departure (“wheels up”) for short haul

Ê Must contain Annex 30A data, including our entry key data:
• Mode of transport at border
• Identity of means of transport: IATA or ICAO flight number
• Expected scheduled date (and time) of arrival
• Office of first Entry
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Step 1b: Customs registers ENS
Ê Customs generates Movement Reference Number (MRN) upon registration of
the ENS

Ê Confirmation of ENS registration communicated electronically by Customs to:

1. Person lodging ENS and
2. Carrier declared in ENS (if connected to ICS & if EORI number declared)

Ê This confirmation contains information such as:

• Person lodging the ENS (e.g. forwarder);
• Carrier’s transport document;
• MRN; and
• other elements

Î Enable carrier to make sure that an ENS has been lodged

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Step 1c: ENS Amendments
Ê Sent to Office of first Entry declared in the ENS

Ê By Person lodging the ENS or by Representative declared in the ENS

Ê Acceptance communicated to:

1. Sender of the amendment request

2. Carrier, if
• Connected to Import Control System
• EORI number declared
• He has applied for this functionality in the MS (under discussion)

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Business Process: Import within the EU
Step 1 Step 2 only if needed! Step 3 Step 4
Entry summary Diversion request Arrival notification Presentation
declaration of goods
Covered by functional Covered by functional specs To be defined and To be defined and
specs ICS phase 1 ICS phase 1 implement by Member implement by Member
States States
Reg. 1875/06 Reg. 1875/06 Reg. 1875/06 Reg. 1875/06
Art 181b Art 183e Art 184g Art 186 (1)
(new process) (new process)
Short haul: take off When diversion is Upon arrival Unloading of goods
Long haul: 4 hours prior to confirmed, prior to arrival
arrival

For all the goods on board,
including FROB for third
countries
(one or multiple ENS)
For the aircraft
(for parts of the cargo if MRN
/MRN item number of the
ENS is provided)
For the aircraft For the goods to be
(for parts of the cargo if unloaded
MRN /MRN item number of (for parts of the cargo if
the ENS is provided) MRN /MRN item number of
the ENS is provided)

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Step 2: Diversion Request (if needed)
Person lodging Trader at Entry Trader Office Declared Office Actual Office Office of
ENS (carrier) request. diversion of Lodgement of first Entry of first Entry subsequent Entry

Diversion request (IE323)

(Entry Key or MRNs)

Diversion acceptance ICS notifies

(IE325) Diversion (IE303)

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010
 Step 2a: Diversion Request (if needed)
Ê Standardised electronic ICS message (same in all the MS)
Ê Sent by the operator of the active means of transport entering the EU or by his
representative
Ê Data requirements in Annex 30A (new Table 6)
Ê Prior to arrival
Ê Sent to the Office of first Entry declared in the ENS
Ê Required only if :
• Diversion at Office of first Entry and
• Diversion to a Member State not declared in the ENS (neither as first nor as
subsequent Office of Entry)
Ê Not required in case of national diversions or in case of diversions at subsequent
Offices of Entry
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Step 2b: Diversion Request (if needed)
Ê Must contain references enabling Customs to identify the related ENS
• Mode of transport at border
• Identity of means of transport: IATA or ICAO flight number
• Expected scheduled date of arrival
• Declared and Actual Office of first Entry
• MRN = optional alternative

Ê Declared Office of first Entry

• Notifies the sender of the registration of the diversion request
• Immediately informs the actual Office of first Entry using ICS (sending
the risk analysis results)

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Business Process: Import within the EU
Step 1 Step 2 only if needed! Step 3 Step 4
Entry summary Diversion request Arrival notification Presentation
declaration of goods
Covered by functional Covered by functional specs To be defined and To be defined and
specs ICS phase 1 ICS phase 1 implement by Member implement by Member
States States
Reg. 1875/06 Reg. 1875/06 Reg. 1875/06 Reg. 1875/06
Art 181b Art 183e Art 184g Art 186 (1)
(new process) (new process)
Short haul: take off When diversion is Upon arrival Unloading of goods
Long haul: 4 hours prior to confirmed, prior to arrival
arrival

For all the goods on board,
including FROB for third
countries
(one or multiple ENS)
For the aircraft
(for parts of the cargo if MRN
/MRN item number of the
ENS is provided)
For the aircraft For the goods to be
(for parts of the cargo if unloaded
MRN /MRN item number of (for parts of the cargo if
the ENS is provided) MRN /MRN item number of
the ENS is provided)

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Step 3: Arrival notification
Person lodging Trader at Entry Trader Office Declared Office Actual Office Office of
ENS request. diversion of Lodgement of first Entry of first Entry subsequent Entry
(operator of the active
means of transport)

Arrival notification with list of MRN or Entry Key

Acceptance of arrival

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010
 Step 3: Arrival Notification
Ê Not harmonised (to be implemented by the Member States)
Ê Existing reporting systems may be used
Ê For the Customs to check ENS risk analysis results and to initiate appropriate
controls upon arrival, also for FROB not being presented to Customs
Ê Sent by the operator of the active means of transport (aircraft)
Ê At the latest upon arrival at the Office of first Entry
Ê Not to be provided at Offices of subsequent Entry (at least not for s&s purposes)
Ê Must contain references to the ENS (list of MRN or Entry key):
• Mode of transport at border
• Identity of means of transport: IATA or ICAO flight number
• Expected scheduled date of arrival
• Actual Office of first Entry
• MRN = optional alternative
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Business Process: Import within the EU
Step 1 Step 2 only if needed! Step 3 Step 4
Entry summary Diversion request Arrival notification Presentation
declaration of goods
Covered by functional Covered by functional specs To be defined and To be defined and
specs ICS phase 1 ICS phase 1 implement by Member implement by Member
States States
Reg. 1875/06 Reg. 1875/06 Reg. 1875/06 Reg. 1875/06
Art 181b Art 183e Art 184g Art 186 (1)
(new process) (new process)
Short haul: take off When diversion is Upon arrival Unloading of goods
Long haul: 4 hours prior to confirmed, prior to arrival
arrival

For all the goods on board,
including FROB for third
countries
(one or multiple ENS)
For the aircraft
(for parts of the cargo if MRN
/MRN item number of the
ENS is provided)
For the aircraft For the goods to be
(for parts of the cargo if unloaded
MRN /MRN item number of (for parts of the cargo if
the ENS is provided) MRN /MRN item number of
the ENS is provided)

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Step 4: Presentation of goods
(at location where goods are unloaded)
Person lodging Trader at Entry Trader Office Declared Office Actual Office Office of
ENS request. diversion of Lodgement of first Entry of first Entry subsequent Entry
(Trader presenting goods)

Presentation of goods

Acceptance of presentation

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
* National
June 2010 Specifications
 Step 4: Presentation of Goods
Ê Not harmonised (to be implemented by the Member States)
Ê Existing reporting systems may be used
Ê Must cover goods to be unloaded only
Ê Must contain references to the ENS (Entry Key and/or MRN):
• Mode of transport at border
• Identity of means of transport: IATA or ICAO flight number
• Expected scheduled date of arrival
• Actual Office of first Entry
• MRN = optional alternative

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Structure of Information

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010
 Structure of Information (1)
Customs Messages
The EC as well as each Member State are providing specifications:

Ê High level list of data elements for Entry Summary declarations

are defined in Annex 30A of EC regulation 1875/06
Microsoft Word
Ê Detailed list of Data elements of the Entry Summary Declaration Document

as well as Customs responses are provided by the EC Microsoft Word

Document
Ê Format (e.g. EDIFACT, XML) and detailed list of data elements for
all messages are provided by each Member State
Microsoft Excel

Ê List of ICS specifications per countries is now available Worksheet

Acrobat Documen

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 Structure of Information (2)
Industry Messages
IATA has amended its standard CIMP & CXML messages:
Ê House Waybill, Air Waybill, House Manifest and Flight Manifest messages
have been updated to support the EC requirements
Ê Key changes related to the EU requirements are:
Ê Additional Customs Information Identifiers;
Ê A more flexible Other Customs Information (OCI) line;
Ê Inclusion of the OCI line in the Consolidation List (FHL) message
Ê As examples, these changes will facilitate the exchange of:
Ê The Movement Reference Number (MRN)
Ê The Economic Operators Registration Identification (EORI) number
Ê The scheduled arrival date & time at first point of entry
Ê IATA CIMP available at: http://www.iata.org/ps/publications/Pages/cimp.aspx
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 Guidelines

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010
 Guidelines & Scenario: Import within EU
¸ IATA has actively participated in a working group organised by the
World Shipping Council to develop guidelines, overseeing the air
mode sections.
Adobe Acrobat
Document

¸ Scenarios (examples) have also been published by the EC and

the scenario related to Air Mode are available

Adobe Acrobat
Document

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June 2010 28
 National Implementation
Timelines

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010
 National Implementation
ICS Timelines (1/2)

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 National Implementation
ICS Timelines (2/2)

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 National Contacts

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010
 National Implementation
ICS National Project Managers
¸ National project managers can be contacted to have more
information on ICS at national levels

¸ List of ICS project managers per country is now available

Microsoft Excel
Worksheet

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Roles & Responsibilities

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010
 Industry Roles & Responsibilities (1)
Microsoft Word
Carrier reports ENS (Dual filing is not accepted) Document

Carrier (or its representative e.g. GHA) reports the Entry Summary
Declaration (ENS)
¸ Forwarder will send FWB & FHL containing the required
EXAMPLE

information to the Carrier

¸ With this information the Carrier will compose and submit the ENS
to Customs e.g. BE Customs
¸ Customs performs risk assessment and provides the MRN back to
carrier as well as the notification of controls if applicable (if AEO)
¸ If accepted locally, upon arrival the Carrier will provide the Entry
Key in the Arrival Notification rather than the individual MRNs
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010 35
 Industry Roles & Responsibilities (2)
Forwarder reports ENS (Dual filing is not accepted)
-
Forwarder reports the Entry Summary Declaration (ENS) information with
Carrier knowledge and consent
¸ Forwarder will obtain the Entry Key information and EORI # from the
Carrier
EXAMPLE

¸ Using this information Forwarder will compose and submit the ENS to
Customs e.g. BE Customs
¸ Customs performs risk assessment and provides the MRN back to the
Forwarder & Carrier and notification of controls if applicable (if AEO)
¸ If Carrier EORI # provided & as an EDI connection with Customs
¸ Forwarder will send FWB & FHL including the MRNs to the Carrier
¸ If accepted locally, upon arrival the Carrier will provide Customs the
entry key in the Arrival Notification rather than the individual MRNs
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Industry Roles & Responsibilities (3)
IT Service Providers
¸ IT service providers market services to communicate with various
EXAMPLE

Customs administrations
¸ IT Service providers may compose the ENS and the Arrival
Notification from the industry messages e.g. FWB, FHL, FFM
¸ Unless carrier IT can interface with customs IT in all EC countries
served, engage discussions with IT service providers as soon as
possible

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010 37
 Frequently Asked
Questions
Adobe Acrobat
Document

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010
 MRN: Movement Reference Number
1. Last 2 digits of the year (YY)

2. Identifier of the country of the Member State having

registered/accepted the appropriate declaration message and
having generated the MRN (ISO alphabetic 2 country code)

3. Unique identifier for import movement per year and country

(alphanumeric 13)

4. Check digit (alphanumeric 1)

⇒ Example: 07IT9876AB88901235

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010 39
 Office of lodgment vs. first entry vs.
subsequent entry

3. Subsequent office of entry

(Provide Arrival Notification for goods to be
unloaded)

2.Office of first entry

(Provide Arrival Notification for goods to be
unloaded)
1.Office of lodgment
(Lodge Entry Summary Declaration, risk analysis)

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010 40
 Link between HWB/AWB & ENS
At what level an ENS should be created?
¸ ENS can be created at House Waybill or at Air Waybill level
depending on:
¸ Regulation of Customs in each MS
¸ Arrangements made between the Carriers and the Shipper/Forwarder
¸ Goods description needs to allow Customs to perform risk analysis
¸ Merging goods descriptions of different commodities in one single
ENS line item description is possible (356 characters limitation)
¸ Examples:
1. One ENS per FFM with ENS line item equal a MAWB goods description
(aggregation)
2. One ENS per MAWB with ENS line item equal a HAWB goods description
(aggregation)
3. One ENS per HAWB with ENS line item equal to one good description
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010 41
 Interlining
Who need to lodge an ENS?
¸ Carrier A’s flight AA1234 is used for all Carrier B consignments
¸ Carrier A is responsible to ensure that ENS is lodged for all
consignments
¸ Carrier A will lodge ENS for Carrier A & Carrier B air waybill
consignments
¸ Carrier A is liable for the data accuracy and relevance of the ENS
¸ Carrier A may identify Carrier B’s EORI # in the ENS
¸ Customs office will notify MRNs to both carriers if EORI# & EDI
connection exist for both Carriers
¸ Upon arrival Carrier A lodge an arrival notification to Customs office of
first entry of all MRNs (or entry key)
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Code Share
Who need to lodge an ENS?
¸ Carrier A operates an aircraft with flight identification number AA1234
¸ Carrier A has a code share arrangement with Carrier B
¸ Carrier B’s flight identification number is BB4567
¸ Carrier A & B are responsible to lodge ENSs for their own
consignment
¸ Upon arrival Carrier A is responsible to lodge an arrival notification to
Customs office of first entry
¸ It is up to the national customs authorities to decide if one or two
arrival notification must be made
¸ If only one then all MRNs shall be provided or “entry Key” with both
flight identification
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Goods Description Microsoft Word
Document
Non acceptable goods descriptions
¸ Document TAXUD 1402/2007 rev. 2 published on CIRCA (SAD
section)
¸ Document provides guidelines
¸ Non acceptable goods descriptions may trigger results in the risk
analysis
¸ Merging goods of different commodities (e.g. shoes and engines)
in one single goods item of an ENS should be avoided because it
may generate controls at arrival
¸ Though it is not mandatory in R1865/08, some MS will push for
use of HS4 (mandatory HS8 in MCCIP !)

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 Consignee
Can it be the Forwarder?
¸ According to Annex 30A the Consignee is the ‘Party to whom goods
are actually consigned’

¸ The objective is to get the importer address, if possible

¸ Forwarder info acceptable if actual Consignee is not available to the

Person lodging the ENS but with possible consequences on risk
analysis

¸ Not providing the actual Consignee may aim to a higher level of risk

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June 2010 45
 Empty Containers
Do I need an ENS?
¸ Regulation 1875/06, Art. 181c (a) and 592a (a) proposed to be
amended to say that only Containers carried under a transport
contract require an ENS/EXS

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 Short Shipment
Do I need an ENS?
¸ The remaining cargo to be carried will need to have a new ENS
and an arrival notification.

¸ IATA discussed with the Commission the possibility to re-use the

same MRN or Unique Key – no clear position yet

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 FROB
Do I need an ENS?
¸ Freight remaining on board for a third country will need an Entry
Summary declaration

¸ The Arrival Notification will also cover FROB

Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
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 AEO: Authorized Economic Operator
Adobe Acrobat
Ê Authorized Economic Operators can benefit from reduced data set in the ENS Document

Ê Documented in regulation 1875/2006 Annex 30A, Table 5

Ê The ‘specific circumstance indicator’ ‘E’ shall be declared

Ê The Person lodging the ENS and all declared Consignees must
• be recorded in EORI and
• declare the EORI TIN and
• have an AEO certificate for
• safety and security or
• for customs simplifications and safety and security

Ê AEO competent authorities and AEO certificate holders can be found at the
following website http://ec.europa.eu/taxation_customs/dds/aeohome_en.htm

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 Meeting Agenda
Day 1 Day 2
(Airlines-Forwarders) (EC reps-Airlines-Forwarders-Service Providers)

1. Background 1. EU Multi-Annual Strategic Plan (MASP)

2. Economic Operator Systems 2. Q&A on Economic Operator Systems

3. Export Control System (ECS) 3. Q&A on Export Control System (ECS)

4. Import Control System (ICS) 4. Q&A on Import Control System (ICS)

5. Q&A and preparation for day 2 5. Next Steps and Close of Meeting

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 EU Safety and Security Risk
Management Systems
Part 5, Q & A Session + Preparation for Day 2.

European Commission /
1968-2008
Taxation and Customs Union

Industry Session, Geneva

Day 1 June 17th, 2010
Cargo Business Process & Standards INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
June 2010