EU Safety and Security Risk
Management Systems
European Commission /
Taxation and Customs Union
1968-2008
Industry Session, Tel Aviv
July 1st 2010
Cargo Business Process & Standards
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INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
IATA Competition Law Compliance
 Follow the prepared agenda
 Do not discuss:
 Pricing, including fares, service charges, commissions, etc.
 Bids on contracts or allocation of customers
 Geographic/Product market allocations and marketing plans, including
expanding or withdrawing from markets
 Group boycotts
 Your commercial relations with agents, airlines or other third parties
 Any discussion aimed at influencing the independent business decisions
of your competitors
You will be asked to leave the conference call, and the conference call
may be terminated, if the above-mentioned discussions occur
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Disclaimer
 Information provided is for guidance only and is not legally binding
 This presentation contains excerpts from certain European
Commission (EC) presentations and web pages
 In the event of any discrepancies between this information and
that of the EC, the EC information will take precedence
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Meeting Objectives
 Provide an overview of what EU requires as of 1 January 2011
 Ensure awareness that business arrangements must be
established between the forwarders and carriers
 Raise awareness that certain technical requirements may have to
be met
 Promote and Provoke effective Airfreight Industry compliance
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Meeting Agenda
1. Background
2. Economic Operator Systems
3. Export Systems
4. Import Control System (ICS)
5. Aviation Security Legislation
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EU Safety and Security Risk
Management Systems
Part 1, Background
European Commission /
Taxation and Customs Union
Cargo Business Process & Standards
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WCO SAFE Framework
Cargo Business Process & Standards
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INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
World Customs Organization
Safe Framework of Standards
Adobe Acrobat
Document
 WCO has defined the principles and standards for the 21st Century
Customs
 The first objective of the WCO Safe Framework is to harmonize advance
electronic cargo information and allow for advanced risks assessment
 WCO has defined standard procedures, timelines and data requirements
 166 countries have signed the WCO letter of intent to implement the
WCO Safe Framework of Standards
 Many countries have implemented advance electronic cargo information
such as US, CA, IN and many are in progress EU, CN, MX, ZA, NG
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IATA Strategy and Position
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IATA Strategy
CUSAG & IFCWG
IATA Customs Advisory Group (CUSAG)
 Comprises 20 airlines or airlines associations
 Monitors Advance Cargo Reporting around the world
 Ensures Customs align as much as possible to international standards
IATA FIATA Customs Working Group (IFCWG)
 Co-chaired by an airline and a freight forwarder
 Comprises 6 airlines and 6 freight forwarders associations
 Develops recommendations on customs issues that involve airlines and
forwarders
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IATA Position Paper
Advance Security Notification (extract)
 Electronic submission should only become mandatory when Customs has the
capability to communicate electronically without paper in parallel
 All countries requiring advance security risk assessment information should
move toward the WCO Framework of standards
 It must be clear and unambiguous as to which party is responsible for
providing each element of advance information
 Customs should not require more information than laid out in the WCO Safe
Framework of Standards
 Timings for submission of advance data should be consistent globally and in
accordance with the WCO:
 Import Short haul: At time of “Wheels Up” of aircraft;
 Import Long haul: 4 hours prior to arrival at the first port in the country of destination
 Export information: Not earlier than 30 minutes prior departure
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Meeting Agenda
1. Background
2. Economic Operator Registration
3. Export Systems
4. Import Control System (ICS)
5. Aviation Security Legislation
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EU Safety and Security Risk
Management Systems
Part 2 - Economic Operator Registration & ID
European Commission /
Taxation and Customs Union
Cargo Business Process & Standards
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INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
Economic Operator Registration & Id. (EORI)
Legal Basis – EC 312/2009
EC 312/2009 legislation answers the following questions:
 What is an EORI number?
 Who needs an EORI number?
 Which country issue an EORI number?
 How to get an EORI number?
 Why Carriers and Forwarders need an EORI number?
EORI guidelines have been published by the EC
EORI website is available including EORI online training
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Economic Operator Registration & Id. (EORI)
Who needs an EORI Number?
 Economic Operators (EO) Based in the EU
 EO is defined as “ a person who in the course of his business is
involved in activities covered by Customs legislation” such as
 Importing into the EU, exporting from the EU or Transiting goods
through the EU are activities covered by Customs legislation
 Economic Operators (EO) based outside of the EU who
engage in activities covered Customs legislation in the EU
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Economic Operator Registration & Id. (EORI)
Which country issues an EORI Number?
 If the Economic Operators (EO) is Based in a specific EU
Member State then this state shall issue the EORI #
 If based outside of the EU the EORI # will be issued by the
State where the EO performs its 1st Customs activities e.g.
 Customs Declaration
 Exit or entry summary declaration
 Apply for AEO status
 Multinational companies often consist of parent company
with several legal entities which can obtain their EORI #
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Economic Operator Registration & Id. (EORI)
How to get an EORI Number?
 EO who already deals with customs authorities in their own country
should have an identification number
 Unless you have received an EORI number contact your Customs
 If you never registered and need an EORI # then apply:
 In your country if based in the EU
 In the EU where you are required to register if based outside of the EU
 The list of authorities who assign EORI and project managers are
available on the EC website
 Public interface is available via the Europa web portal with EORI #,
name and address of EO who agreed to share such information
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Economic Operator Registration & Id. (EORI)
 Having an EORI does not grant Authorised Economic Operator
(AEO) Status
 AEO status is granted to entities who meet certain criteria and
grants them customs facilitations such as:• Reduced scrutiny on shipments
• Reduced advance data requirement for Safety and Security checks (if
all parties involved have AEO status)
 EU has initiated mutual AEO recognition programmes with various
non-EU states e.g. US, Japan
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Meeting Agenda
1. Background
2. Economic Operator Systems
3. Export Systems
4. Import Control System (ICS)
5. Aviation Security Legislation
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EU Safety and Security Risk
Management Systems
Part 3 – Export Systems
European Commission /
Taxation and Customs Union
Cargo Business Process & Standards
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1968-2008
INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
EU Export Systems
Rules applicable
• Goods leaving the customs territory of the Community
have to be covered by one of the following:
– Export declaration
– Exit summary declaration
– Re-export notification
• Regulation (EC) No 2913/92, OJ L 302, 1992, p. 1
• Regulation (EC) No 648/2005, OJ L 117, 2005, p. 13
• Regulation (EC) No 2454/93, OJ L 253, 1993, p. 1
• Regulation (EC) No 1875/2006, OJ L 360, 2006, p. 64
• Regulation (EC) No 273/2009, OJ L 91, 2007, p. 14
• Regulation (EC) No 430/2010, OJ L 125, 2010, p. 10
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EU Export Systems
Export declaration
 Required for:
– EU goods to be brought to a destination outside EU
– EU goods brought to special fiscal territories within EU
– Ship and aircraft supplies
– Non-EU goods that are re-exported
 Lodged by exporter or his representative
 Export declarations are lodged at the office of export
 For export declarations that contain safety and security
data deadlines for lodgement apply (30 min. before
aircraft that will carry goods out of EU leaves)
 Export procedure is discharged once the goods exit EU
and confirmation of exit is sent by the office of exit
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EU Export Systems
Exit summary declaration
 Lodged for goods that are exiting and for which no
export declaration is required:
•
•
Goods moved between two MS via a territory of a third country
Goods transiting EU
 Responsible for lodgement – carrier (other person can
lodge with knowledge and consent of the carrier)
 Deadlines for lodgement apply (30 min. before aircraft
that will carry goods out of EU leaves)
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EU Export Systems
Re-export notification
 Lodged for goods that exit directly from a free zone or
temporary storage
 Responsible for lodgement – carrier (other person can
lodge re-export notification with knowledge and consent
of the carrier)
 Notification should be lodged at the office of exit
following national specifications
 No deadlines apply
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Meeting Agenda
1. Background
2. Economic Operator Systems
3. Export Control System (ECS)
4. Import Control System (ICS)
5. Aviation Security Legislation
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EU Safety and Security Risk
Management Systems
Part 4 – Import Control System (ICS)
European Commission /
Taxation and Customs Union
Cargo Business Process & Standards
Version 0.2 01 June 2010
1968-2008
INTERNATIONAL AIR TRANSPORT ASSOCIATION 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  ICS
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Legal Basis (2)
Regulation 648/05 (Amendment to Customs Code)

Responsibility 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”
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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’
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Business Process
Cargo Business Process & Standards
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INTERNATIONAL AIR TRANSPORT ASSOCIATION 2010
Business Process: Import within the EU
Step 1
Step 2 only if needed!
Step 3
Step 4
Entry summary
declaration
Diversion request
Arrival notification
Presentation
of goods
Covered by functional
specs ICS phase 1
Covered by functional specs
ICS phase 1
To be defined and
implement by Member
States
To be defined and
implement by Member
States
Reg. 1875/06
Art 181b
Reg. 1875/06
Art 183e
(new process)
Reg. 1875/06
Art 184g
(new process)
Reg. 1875/06
Art 186 (1)
Short haul: take off
Long haul: 4 hours prior to
arrival
When diversion is
confirmed, prior to arrival
Upon arrival
Unloading of goods
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 parts of the cargo if
MRN /MRN item number of
the ENS is provided)
For the goods to be
unloaded
(for parts of the cargo if
MRN /MRN item number of
the ENS is provided)
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Step 1a: Send ENS to Customs
 Standardised electronic ICS message defined by EC (same data in all the
MS) but format defined at national level
 Sent to:
• Office of first Entry and possibly to the Office of Lodgement in another
MS (if accepted there)
 Prior to arrival (legal time limits!)
• 4hrs prior to arrival for long haul
• Prior/at departure (“wheels up”) for short haul
 Must contain Annex 30A data, including entry key data:
• Mode of transport at border
• Identity of means of transport: IATA or ICAO flight number
• Expected date (and time) of arrival
• Office of first Entry
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Step 1b: Customs registers ENS
 Customs generates Movement Reference Number (MRN) upon registration of
the ENS

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)
 This confirmation contains information such as:
• Person lodging the ENS (e.g. forwarder);
• Carrier’s transport document;
• MRN; and
• other elements
 Enable carrier to make sure that an ENS has been lodged
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Business Process: Import within the EU
Step 1
Step 2 only if needed!
Step 3
Step 4
Entry summary
declaration
Diversion request
Arrival notification
Presentation
of goods
Covered by functional
specs ICS phase 1
Covered by functional specs
ICS phase 1
To be defined and
implement by Member
States
To be defined and
implement by Member
States
Reg. 1875/06
Art 181b
Reg. 1875/06
Art 183e
(new process)
Reg. 1875/06
Art 184g
(new process)
Reg. 1875/06
Art 186 (1)
Short haul: take off
Long haul: 4 hours prior to
arrival
When diversion is
confirmed, prior to arrival
Upon arrival
Unloading of goods
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 parts of the cargo if
MRN /MRN item number of
the ENS is provided)
For the goods to be
unloaded
(for parts of the cargo if
MRN /MRN item number of
the ENS is provided)
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Business Process: Import within the EU
Step 1
Step 2 only if needed!
Step 3
Step 4
Entry summary
declaration
Diversion request
Arrival notification
Presentation
of goods
Covered by functional
specs ICS phase 1
Covered by functional specs
ICS phase 1
To be defined and
implement by Member
States
To be defined and
implement by Member
States
Reg. 1875/06
Art 181b
Reg. 1875/06
Art 183e
(new process)
Reg. 1875/06
Art 184g
(new process)
Reg. 1875/06
Art 186 (1)
Short haul: take off
Long haul: 4 hours prior to
arrival
When diversion is
confirmed, prior to arrival
Upon arrival
Unloading of goods
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 parts of the cargo if
MRN /MRN item number of
the ENS is provided)
For the goods to be
unloaded
(for parts of the cargo if
MRN /MRN item number of
the ENS is provided)
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Structure of Information
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Structure of Information (1)
Customs Messages
The EC as well as each Member State are providing specifications:
 High level list of data elements for Entry Summary declarations
are defined in Annex 30A of EC regulation 1875/06
 Detailed list of Data elements of the Entry Summary Declaration
as well as Customs responses are provided by the EC
 Format (e.g. EDIFACT, XML) and detailed list of data elements for
all messages are provided by each Member State
 List of ICS specifications per counties are now available
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Structure of Information (2)
Industry Messages
IATA has emended its standard CIMP & CXML messages:
 House Waybill, Air Waybill, House Manifest and Flight Manifest messages
have been updated to support the EC requirements
 Key changes related to the EU requirements are:
 Additional Customs Information Identifiers;
 A more flexible Other Customs Information (OCI) line;
 Inclusion of the OCI line in the Consolidation List (FHL) message
 As examples, these changes will facilitate the exchange of:
 The Movement Reference Number (MRN)
 The Economic Operators Registration Identification (EORI) number
 The scheduled arrival date & time at first point of entry
 IATA CIMP available at: http://www.iata.org/ps/publications/Pages/cimp.aspx
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Guidelines
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Industry Roles & Responsibilities (1)
Carrier reports ENS
Carrier (or its representative e.g. GHA) reports the Entry Summary
Declaration (ENS)
 Forwarder will send FWB & FHL containing the required
information to the Carrier
 Using 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 as
well as the notification of controls if applicable
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Industry Roles & Responsibilities (2)
Forwarder reports ENS
F
- orwarder reports the Entry Summary Declaration (ENS) information with
Carrier knowledge and consent
 Forwarder will obtain the Entry Key information (AWB, Flight etc.) and
Carrier EORI # from the Carrier
 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 the notification of controls if applicable
 If Carrier EORI # provided & as an EDI connection with Customs
 Forwarder will send FWB & FHL including the MRNs to the Carrier
 Upon arrival the Carrier will provide Customs the Entry Key in the
Arrival Notification rather than the individual MRNs
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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.
 Scenarios (examples) have also been published by the EC and
the scenario related to Air Mode are available on page
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National Implementation
Timelines
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National Implementation
ICS Timelines (1/2)
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National Implementation
ICS Timelines (2/2)
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National Contacts
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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
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Other Considerations
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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:
 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 MAWB with line item data equal to a HAWB. Each line
item will have an acceptable goods description or an aggregation of
goods descriptions
2. Same as number 1 but no aggregation of descriptions
3. One ENS per HAWB with ENS line item equal to one good description
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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
 Not providing the actual Consignee may aim to a higher level of
risk
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Goods Description
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
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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
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Primary Trade Issues
 Where the FF is expecting the Carrier to submit the ENS data required as
part of the legal obligation, the Carrier will need quality data from the FF
at origin to be able to: Ensure the data submission is made within the laid down time limits
 Provide data at a level which will ensure the shipments are not subjected to
undue scrutiny, e.g. HAWB Level Data not MAWB Level Data
 Receiving such data in paper format from the FF at origin will not allow
the Carrier to consolidate the flight data, prepare it and send it forward to
the EU Customs Office of first entry within the time limits
 Where a FF, with the Carriers knowledge and consent undertakes to
submit the data to the EU Customs Office of First Entry themselves, they
will need to:•
•
•
Be aware where the aircraft is first entering the EU (First Airport of Arrival)
Be aware of the Carriers EORI to quote in the ENS
Be able to receive back the MRN issued by the EU Customs Authority
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Meeting Agenda
1. Background
2. Economic Operator Systems
3. Export Control System (ECS)
4. Import Control System (ICS)
5. Aviation Security Legislation
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EU Aviation Security Legislation
 Legal Basis
• Regulation (EC) No 300/2008 of the European Parliament
and of the Council
• EU Commission Regulation (EC) No 185/2010
•
• EU Commission Regulation (EC) No 272/2009
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 Key Factors (1)
• Requires Member States to Implement enhanced Aviation
Security Programmes
• Lays down requirements for Cargo Screening
• Lays down requirements for Known Consignor/Shipper and
Regulated Agent accreditation
• Lays down requirements for Cargo Security Certification
including data elements
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 Key Factors (2)
• Leaves many decisions on how to implement the Aviation
Security to the MS Administrations e.g
 Known Consignor / Regulated Agent accreditation methodology
 Cargo Security Certification
– May be in a separate CSC document or in the Transport Document
– May be in paper or electronic format
 CSC Archiving and Audit rules
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 Current Situation
 Many Member States are not yet able to properly inform
trade on their requirements
 Those Member States that have implemented the
Regulation have done so differently, e.g.
• France require a CSC in a separate paper declaration
• Luxembourg accept CSC in the e-AWB
 Known Consignor / Regulated Agent Accreditation is
more difficult to obtain in some MS’s than others
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 Speaking at Air Cargo Handling Conference 2010, held
in Brussels, Belgium, Dr Andrew Traill, Policy Director for
the European Shippers Council said:“ Many shippers would not become Known Consignors
because the EU regulations and requirements were
confusing, left shippers unsure of any tangible benefits and
unsure of the costs involved.”
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 IATA Proposal
 Formulate a Working Group to identify a common
recommended method of implementation to include
•
•
•
•
Member State Administrations (Aviation or Transport Ministries)
Airlines
Shippers
GHA’s
 Address the requirement for standard Known Consignor and
Regulated Agent accreditation to be harmonised / standardised
 Address the requirement for CSC to be harmonised /
standardised
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