Elisaveta Takova National Customs Agency Bulgaria 3 December 2010
LEGISLATION Regulation (EEC) No 2913/92 establishing the Community Customs Code as amended by Regulation (EC) No 648/2005 and Regulation (EEC) No 2454/93 providing provisions for the implementation of Regulation (EEC) No 2913/92 establishing the Community Customs Code as amended mainly by: Regulation (EC) No 1875/2006, Regulation (EC) No 273/2009, Regulation (EC) No 414/2009, Regulation (EC) No 177/2010, Regulation (EC) No 197/2010, Regulation (EC) No 430/2010.
LEGISLATION Regulation (EC) No 648/2005 of the European Parliament and of the Council introduced in Regulation (EEC) No 2913/92 the obligation to lodge entry or exit summary declarations by electronic means. Commission Regulation (EC) No 1875/2006 has introduced in Commission Regulation (EEC) No 2454/93 an obligation for economic operators to provide electronic entry and exit summary declarations to the customs authorities for goods entering or leaving the customs territory of the Community
LEGISLATION Commission Regulation (EC) No 273/2009 derogating from certain provisions of Commission Regulation (EEC) No 2454/93 provides for a transitional phase during which economic operators are able, but not obliged, to lodge entry and exit summary declarations. Commission Regulation (EC) No 414/2009 specified an alternative version of the Transit Accompanying Document (the Transit/Security Accompanying Document) and a paper-based Security and Safety Document.
LEGISLATION Commission Regulation (EC) No 169/2010 specified the economic operators who will not have to be registered for an economic operators registration and identification number (EORI number). Commission Regulation (EC) No 177/2010 established the European Maritime Transport Space without barriers. Commission Regulation (EC) No 197/2010 determined the period for issuing an AEO certificate. Commission Regulation (EC) No 430/2010 introduced the customs office at which the exit summary declaration is to be lodged and the person responsible for lodging such declaration should be specified. This clarification include situations in which, instead of an exit summary declaration, a transit declaration containing the data of an exit summary declaration is lodged.
PURPOSES It is necessary to establish an equivalent level of protection in customs controls for goods brought into or out of the customs territory of the Community. Such controls should be based upon commonly agreed standards and risk criteria for the selection of goods and economic operators. Member States and the Commission should therefore introduce a Community-wide risk management framework. Risk-related information on import and export goods should be shared between the competent authorities of the Member States and the Commission. In order to allow for appropriate risk-based controls, it is necessary to establish the requirement of pre-arrival or pre-departure information for all goods brought into or out of the customs territory of the Community.
OBLIGATION FOR LODGE THE SAFETY AND SECURITY DATA 1/What does security data mean - Annex 30A of the CCIP; 2/ Who is responsible for lodging the security data the operator of the active means of transport on or in which the goods are brought into/out of the customs territory of the Community; 3/ Where at the point of entry or export/exit in EU; 4/ When before entry or exit the goods within the prescribe time limit 5/ How shall the economic operator submit the data concerning safety and security electronically 6/ Exceptions
TRANSITIONAL PERIOD During the transitional period /from 1 July 2009 until 31 December 2010/ economic operators may, but are not obliged to submit entry/exit summary declarations. Within this transitional period the goods not declared in advance will be submitted to risk analysis after arrival. The obligation to lodge the TIR data in NCTS is not affected by transitional measures.
TRANSIT IN THE CONTEXT OF SECURITY AMENDMENT Transit in case of goods entering the customs territory of the Community Transit in case of goods leaving the customs territory of the Community
TRANSIT IN THE CONTEXT OF SECURITY AMENDMENT ENTRY OF THE EU Lodge a transit declaration containing the safety and security data; or Lodge a transit declaration not containing the safety and security data for the purpose of the transit procedure and lodge an entry summary declaration separately for the purposes of safety and security.
TRANSIT IN THE CONTEXT OF SECURITY AMENDMENT ENTRY OF THE EU The security data to be provided is contained in Annex 30Aof the Commission Regulation No 2454/1993 The information must be provided electronically: - In NCTS system (if the declarations are combined) - In NCTS and ICS (if separate declarations) The information must be lodged before the arrival of goods of the customs territory of the Community -at least 1 hour before arrival at the customs office of entry in the Community The ENS shall be authenticated by the person making it
Transit declaration containing the safety and security data
Entry summary declaration and transit declaration Road mode of transport Entry summary declaration Number of items Y Unique consignment reference number X/Y Transport document number X/Y Consignor X/Y Person lodging the summary declaration Y Consignee X/Y Carrier Z Identity and nationality of active means of transport crossing the border Z First place of arrival code Z Date and time of arrival at first place of arrival in Customs territory Z Countries of routing codes Y Mode of transport at the border Z Place of loading X/Y Place of unloading code X/Y Goods description X Type of packages code X Number of packages X Equipment identification number if containerised X/Y Goods item number X Commodity code X Gross mass (kg) X/Y Transport charges method of payment code X/Y UN Dangerous Goods Code X Seal number X/Y Declaration date Y Signature/Authentication Y Other specific circumstance indicator Y
TRANSIT IN THE CONTEXT OF SECURITY AMENDMENT EXIT FROM THE EU Traders must combine the advance declaration prior to leaving the EU (the exit summary declaration) with the customs declaration required for goods leaving the Community. This will normally be the export declaration and the transit declaration will therefore not contain the security data.
TRANSIT IN THE CONTEXT OF SECURITY AMENDMENT EXIT FROM THE EU The security data to be provided is contained in Annex 30A of the Commission Regulation No 2454/1993. The information must be provided electronically. Time limit -at least 1 hourto theexpected moment when the truck will depart from the last customs office in the customs territory of the Community.
FALLBACK PROCEDURE The security data are therefore to be provided separately-carnet TIR and the paper-based entry summary declaration.
ADDITIONAL INFORMATION http://ec.europa.eu/taxation_customs/custom s/security_amendment/general_overview/i ndex_en.htm
THANK YOU! Elisaveta Takova National Customs Agency Bulgaria Elisaveta.Takova@customs.bg
TIR TRANSPORT AND SAFETY&SECURITY DATA ENTRY OF THE EU TIR TRANSPORT TURKEY Export Border Turkey/Bulg garia Import GERMANY
TIR TRANSPORT AND SAFETY&SECURITY DATA EXIT FROM THE EU TIR TRANSPORT BULGARIA Export Border point Bulgaria/T Turkey Import TURKEY
TIR TRANSPORT AND SAFETY&SECURITY DATA EXIT FROM THE EU TIR TRANSPORT FRANCE GERMANY BULGARIA Border TURKEY Export Import Country of destination