The EU Advance Cargo Declaration Regime enters into force on 1 January 2011, requiring pre-arrival information (“Entry Summary Declaration”) and pre-departure information (“Exit Summary Declaration”) to be declared for goods being imported to and exported from EU Member States. For import of goods an “Arrival Notification” will also be required. The given purpose of the new regime is to establish an equivalent level of protection in customs controls and allow for appropriate risk-based controls for goods brought into or out of the customs territory of the European Community.
 
Typically it will be the actual carrier or its agent (the “ship operator” or its “representative” in the words of the regulation) who will be responsible for the advance declarations and arrival notifications. Special rules apply for combined transport and slot chartered vessels (“vessel sharing arrangements” in the words of the regulation), and the regulation also caters for declarations being made by third parties. However, in the latter situation it should be borne in mind that the “ship operator” will be held liable for failure by the third party to submit the relevant information in advance. Penalties for non-compliance with the new requirements will be imposed by the individual Member States.
 
BIMCO’s Documentary Committee has approved two standard clauses – one for voyage charterparties (Click here) and one for time charterparties (Click here) – modelled on the already existing BIMCO US AMS Clauses, which were produced to meet the requirements of the US regulation regime for advance cargo declaration.(Click here) Briefly, under the voyage charterparty clause the owner assumes the role of ship operator, whereas under the time charterparty clause the responsibility rests with the charterer. It should be noted that the clauses have contractual effect between owner and charterer only. The party identified in the EU regulation as the “ship operator” remains responsible for compliance with the regulation; non-compliance with the clauses cannot be relied upon in order escape liability for non-compliance with the EU regulation. 

The advance declarations will be done electronically to the relevant customs office. The person who effects the advance declaration will need a “Economic Operator Registration and Identification” number and this person will, on declaration of the cargo, receive a “Movement Reference Number” – a receipt of successful validation of the declaration. The entry or export customs office will analyse the cargo information in order to try to identify potential safety or security risks.
 
Further details, and links to relevant EU regulations and registration portals, can be found in The European Community Shipowners’ Associations explanatory note to the EU Regime (Click here).
 
UPDATE

Intertanko has drawn up guidance relating to EU regime and Intertanko’s Documentary Committee has produced two charterparty clauses – one intended for charterparties where owners are to be responsible for declarations and the other for where charterers are to be so responsible (Click here).