NEW OBLIGATIONS FROM JANUARI 1, 2011 WITH RESPECT TO IMPORT CONTROL SYSTEM (ICS) AND EXPORT CONTROL SYSTEM (ECS) –PHASE 2

Dear Members,

Please find enclosed the statement that has been published by the European Commission (TAXUD) with respect to the aforementioned new obligations regarding ICS and ECS after the recent meeting on European level of the Customs Policy Group.


The Customs Policy Group(Full EU Members and Deputies) has reviewed the current state of the deployments in place for the full implementation of the Safety and Security amendment, and has also taken note of the concerns expressed by the traders. The date of application of the new rules has been confirmed, as resulting from Regulation (EC) No 1875/2009 and, insofar as their application by economic operators is concerned, from Regulation (EC) No 273/2009: the new rules are to be applied by traders as from 1.1.2011 as foreseen and customs administrations shall therefore provide them with the necessary conditions to comply with their obligations.

There have, however, been delays in the previous stages of deployment of the national IT by some Member States. As a consequence, before deciding on imposing penalties on economic operators not having lodged pre-arrival or pre-departure declarations by the deadlines, Member States should take into account any objective difficulties faced by those economic operators, being outside their control, during the start-up phase for the full application of the Safety and Security Amendment ('grace period'). Member States should not impose delays on the consignments more that the ones strictly necessary to clear these goods, at presentation, for the security and safety risks that would have been applied in case the entry or the exit summary declaration would have been submitted.

Therefore:

- for entry summary declarations the Commission, in close collaboration with the MSs (in the framework of the ECG), will closely monitor the implementation and the stabilisation of the new rules across all MS for the first 2 months of 2011. Meanwhile, and for the air and maritime transport, MSs will communicate each other through RIF the identification of carriers not being able to lodge entry summary declarations by the deadlines, in order to ensure that the safety and security rules will be applied at the airport or port of subsequent destination for the freight remaining on board.

Thereafter, the Commission, in close collaboration with the MSs (in the framework of the ECG), will take a view on when the 'grace period' for penalties will be terminated; such period shall not exceed 6 months as from 1.1.2011.

- for exit summary declaration, the same principles will also apply for their lodgment through the national export systems. In view of the different situation both in the MS deployments and on the fact that there are no subsequent ports or airports of exit, no information between MS is necessary; however, in the absence of exit summary declaration the risk analysis will have to be carried out on the basis of the customs declarations which might lead to some delays.

The Commission will inform both the national administrations and the trade community through the Electronic Customs Group and the Trade Contact Group, respectively, of the date when the 'grace period' for penalties will be terminated; such 'grace period' shall not exceed 12 months as from 1.1.2011.

Based on this conclusion, the Commission will ensure that the mechanisms to follow up the resolution of any residual procedural question or IT question are put in place for 1.1.2011 and will update the publically available Guidelines whenever deemed necessary."
 

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