EU Advanced Cargo Security Rules

The European Union (EU) has promulgated new advance cargo security rules that are scheduled to take effect for all vessel voyages that begin after midnight December 31, 2010. These rules establish for containerized shipments a European “24 Hour Rule” similar to those established in other jurisdictions, e.g., the U.S., Canada and the People’s Republic of China.

The European 24 Hour Rule requires that the ocean carrier file with the relevant national Customs authority in the EU an Entry Summary Declaration (ENS) for all shipments that will be carried on a vessel that will call one or more ports in the EU.

The EU rules require that the ENS must be filed no later than 24 hours before commencement of vessel loading in each foreign (i.e., non-EU) port on the vessel schedule.

An ENS is required irrespective of the final destination of each individual shipment on a vessel arriving in the EU. This means that an ENS is required for shipments:

• Imported into the EU
• Discharged in an EU port for transit by rail or truck to a non-EU destination
• Transshipped in an EU port for loading on to another vessel for carriage to a non-EU destination
• Remaining on board the vessel (FROB) during ports of call in the EU with a destination outside the EU.

The EU rules prescribes the data elements that must be included in the ENS. An incomplete ENS will be rejected by the Customs authorities. A shipment for which an ENS has not been filed and accepted by Customs may not be loaded. In other words — the EU 24 Hour Rule applies a “no documentation – no load” requirement. Penalties and delay of the vessel and shipments carried may result in case of breach of this requirement. ACL will apply this “no documentation- no load” requirement.

Documentation for US Export Cargoes and EU1875 requirements

The timely submission of the required ENS data elements to the carrier is the sole responsibility of shipper or his agent. The EU 1875 data elements (ENS) must be submitted to the carrier in the form of a master bill of lading or shipping instructions, inclusive of AES filing citation, exemption, exclusion or legend, and presented inside the documentation cut-offs as published on Carrier’s website.

Any cargo(es) that do not meet the aforementioned cut-offs may be subject to be held on dock in compliance with the EU1875 regulatory requirements and will be subject to daily demurrage charges as stated in Rule 111.

Documentation Amendment fee: Subsequent bill of lading instructions requesting changes or additions to the original submitted bill of lading instructions which are presented to the carrier after the ENS filing will be assessed an amendment fee of $100.00 per bill of lading per ENS amendment transaction.