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2010 December 13   13:39

ECASBA on new EU ENS/EXS rules effective from Jan. 1st, 2011

As predicted by ECASBA and others in their submissions to DG-TAXUD ahead of the introduction of ENS/EXS on 1st January 2011, a small number of European customs authorities have finally admitted that their own national systems will not be fully ready for integration by that time. We therefore understand that DG-TAXUD has granted customs authorities a grace period starting on 1st January 2011 during which no penalties will be applied against economic operators (in English, shipping lines, their agents or anyone else responsible for making declarations) if they cannot make electronic entries BECAUSE THEIR NATIONAL AUTHORITY IS UNABLE TO ACCEPT/PROCESS THEM.    
 
The introduction of this grace period does not excuse lines/agents from the obligation to file ENS/EXS electronically but it will ensure that no penalties are applied to those that have filed on time but whose entries are not accepted/processed as a result of failures further along the communications chain. DG-TAXUD will monitor the introduction of ENS/EXS filing in all Member States for at least the first two months of 2011, and possibly longer depending on progress or the lack of it, and in due course will determine when the grace period will end. In any case it will not exceed six months for ENS (entry summary declarations) or twelve months for EXS (exit summary declarations). Where necessary, national authorities will also put temporary measures in place to ensure that no consignments are delayed as a result of these internal issues.
 
The obligation on lines/agents to file electronically on time from 1st January remains unchanged and individual national customs authorities will be monitoring their own systems and applying appropriate penalties.
 
ECASBA will be advised through the Trade Contact Group and its own contacts when the grace periods end and we will advise members accordingly.

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