(FAQ)

ENS / 24-hours rule
• When is an ENS (Entry Summary Declaration) required?
  All goods brought into the customs territory of the EU, regardless of their final destination, shall be covered by an ENS. I.e. all cargo discharged in an EU port (including transshipment cargo) as well as FROB cargo ( Foreign Cargo Remaining on Board).
• Who needs to submit the ENS?
  Generally the vessel operator is responsible for submitting the ENS. In case of vessel sharing agreements, the carrier that issues the B/L is responsible for the electronic transmission of the ENS on time.
• Is the ocean carrier the only party that can submit the ENS?
  No, a 3rd party, for example a freight forwarder, could file the ENS instead of the carrier. This is only possible with the knowledge and consent of the ocean carrier. The 3rd party is always liable for the correctness of the filing.
• When must the ENS be submitted?
  The ENS must be submitted at least 24 hours before loading in each non-EU port.
• What if a vessel calls EU ports, then a non-EU port and then again EU ports, e.g. Savannah - New York - Rotterdam - Malta - Haifa - Hamburg - Bremen?
  Furthermore a second ENS needs to be submitted with Customs in Hamburg for cargo previously loaded in the US and for cargo loaded in Rotterdam, Malta and Haifa at the latest 2 hours prior to arrival in Hamburg.
• Where must the ENS be submitted electronically?
  The ENS must be submitted at the customs office of the first port of entry (first port of call) in the EU. The risk assessment will be carried out by this office.
• Which data, goods related, are required in an ENS?
  + Shipper (EORI number whenever this number is available) + Consignee (EORI number whenever this number is available) + Notify Party, mandatory where goods are carried under a negotiable (to order) B/L (EORI number whenever this number is available) + Preferably HS code, at least 4 digits but 6 digit HS Code is recommended, or acceptable cargo description + Package Type (Code) + Number of packages + Container number + Seal number + Cargo gross weight (in kilograms) + UN code for dangerous goods + Transport charges method of payment code / INCO term
• Is it allowed to make amendments to the ENS after the original declaration?
  This is generally possible, however, it can happen that changes might not be accepted by customs. When the ENS is affected and a notification of an International Diversion has been acknowledged by the originally declared customs office, the ENS can not be amended thereafter.
• Is the filing of House B/L data with EU customs required?
  No, it is not. Neither dual filing nor the submission of ultimate shopper and consignee data is submitted by the EY regulations. However filing of the master B/L data (ocean carrier's B/L) is sufficient, even if a freight forwarder/NVOCC is identified as both the shipper and the consignee.
• What does 'International Diversion' means?
  When the vessel is diverted to a port in another EU member state that was originally not stated in the schedule, this is called an International Diversion, according to EU regulation. For example: Rotterdam – Hamburg – Southampton changes to Antwerp – Hamburg – Southampton. The International Diversion must be communicated by the vessel operator to the customs office of the original first port of entry in the EU.
• Which shipments are affected first by the new rule?
  The ENS filing requirement has started at January 1st, 2011 and only effects for deep-sea containerized shipments.
• Are there penalties for negligence?
  No precise information as been announced by the Member States up to now. Till sofar decisions on penalties are taken based on the national customs legislation in the individual Member State.
• Is a later transmission of the ENS allowed if the container is carried on a bulk vessel?
  When the cargo is containerized the deadline for issuing the ENS is 24 hours prior to loading. Regardless type of vessel.
• Does the EORI (Economic Operator Registration Identification) of an EU based consignee mentioned in the ENS has any benefits?
  When the consignee based in the EU is AEO (Authorized Economic Operator) certified, the added EORI number might help at the Customs. A shipment of an AEO certified consignee may receive a lower risk score.

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