A new advance cargo information system called the Import Control System 2 (ICS2), has been implemented by the EU to provide risk analyses on goods before they enter or transit the customs territory of the European Union (including Norway and Switzerland). Note that it does not apply to intra-European transport.

Entry of the goods into the EU is a 4-step process, consisting of:

1) Lodging of an Entry Summary Declaration (ENS) in ICS2. This document is for advance cargo screening and is to HAWB level. It is not the customs declaration system used to clear the consignment for release into free circulation.

The ENS has a prescribed format and must be lodged within specified time frames. Its “filing”(lodgement) can contain either partial or full information, as discussed below.

2) Cargo arrival and examination by Customs in case of a potential risk;

3) Temporary storage of goods before their release or bonded storage and;

4) Lodgement of the customs declaration

The system is being implemented in three releases. Release 1 covering the pre-loading process for postal and express consignments by air was implemented on 15 March 2021,

Release 2 on 1 March 2023

From this date, all freight forwarders, air carriers, express couriers, and postal operators transporting goods to or through the European Union (including Norway and Switzerland) will be required to submit an ENS. This entails submitting pre-loading advance cargo information data to EU Customs through ICS2, where it will be risk assessed. Before departure, the air carrier or freight forwarder must also lodge in ICS2 a mandated pre-arrival information data set, which includes the journey details. The pre-loading and pre-arrival messages are collectively referred to as the Entry Summary Declaration (ENS).

The information required to be submitted at pre-loading includes:

· Shipper name

· Shipper address

· Consignee name and the consignee’s EORI number if the goods are staying in the EU.

· Consignee address

· An accurate cargo description which includes the 6-digit HS code for each item in that shipment

· Total quantity

· Total weight

This information must be input before shipments are loaded onto an aircraft and within the following required timeframes:

(a) The ENS, or when it is not possible, the minimum data set for air pre-loading, must be lodged as early as possible but at the latest before the goods are loaded onto the aircraft which will bring them into the customs territory of the Union;

(b) When only minimum data set was lodged under (a), the complete ENS must be lodged at the time of actual departure of the aircraft when the duration of the flight is less than four hours;

(c) For other flights than those mentioned under (b), the complete ENS must be lodged four hours before the arrival of the aircraft at the first airport in the customs territory of the Union.

These requirements apply to all goods (except documents), regardless of value. Failure to provide it may lead to non-acceptance of the goods at origin.

The carrier bringing the goods into the EU is the party responsible for lodging the ENS, however, ICS2 allows the filing of information by all parties involved in the transport of a consignment where the carrier does not have complete information. This is referred to as a multiple filing. Freight forwarders, express couriers, and postal operators are legally responsible for providing data, either direct to ICS2 or through the air carrier. If through the air carrier, the carrier will then complete the ENS. (Direct filing by the forwarder could provide competitive protection as they are not then sharing their customer details with the carriers.)

Note that parties filing ENS data in ICS2 must have an Economic Operators Registration and Identification (EORI) number, which are obtainable on application from the EU customs authority in all member states.

Postal operators and express couriers, who have previously been declaring partial information regarding inbound shipments (under ICS2 Phase 1), are now also required to coordinate with their air carrier to submit all required data.

Failure to comply or providing inaccurate data may lead to in financial penalties, cargo being stopped at the border, no customs clearance, rejection of poor quality ENS declarations, and cargo delays.

Release 3 on 1 March 2024

From this date carriers for goods transported by sea and inland waterways and roads and railways will also have to complete ENS dataset for all goods, including postal and express consignments carried by these means of transport.

The required information must be input before shipments are loaded and within the following required timeframes:

Sea freight

(a) No later than two hours before the arrival of the vessel at the first port of entry into the EU for arrivals from Greenland, Faeroe Islands, Iceland, ports on the Baltic Sea, Black Sea, Mediterranean Sea or Morocco;

(b) No later than two hours before the arrival of the vessel where the voyage is less than 24 hours and the goods are arriving from other third country territories and entering the EU, the French overseas departments, the Azores, Madeira or Canary Islands

(d) For containerised cargo in other cases than (a) and (b) 24 hours before the goods are loaded onto the vessel which will bring them into the customs territory of the Union.

Rail Transport

(a) When the train voyage takes less than two hours from the last train formation station outside the customs territory of the Union to the first point of entry into the customs territory, the ENS is to be lodged at the latest one hour before the train arrives at the border entry point of the Union;

(b) In other cases than those mentioned under (a), the ENS is to be lodged at the latest two hours before the train arrives at the entry point of the Union.

Road Transport

The ENS must be lodged no later than one hour before the goods arrive at the entry point of the EU.

Transport by inland waterways

The ENS must be lodged no later than two hours before the goods arrive at the entry point of the EU.