The EU Regulation 1875/2006 has required the lodgment of Entry Summary Declarations (ENS) for EU inbound cargo since December 31, 2010. Due to the implementation of the ICS2 platform by EU Customs and the upcoming Release 3 involving economic operators carrying goods by sea the advanced security filing will see significant changes. Therefore, we are working on updating these FAQs to provide information about the changes to the regulation and furthermore, show how Hapag-Lloyd intends to handle the new requirements. We will continue working on them and add missing information when needed.
Version: May 2024
All goods brought into the customs territory of the EU, regardless of their destination, shall be covered by an ENS. I.e., all cargo discharged in an EU port (including transshipment cargo) as well as FROB cargo (Foreign Cargo Remaining on Board). Besides, also cargo originating in an EU country but leaving the EU territory and re-entering it must be covered by an ENS.
Cargo originated from EU will not need an ENS unless it will exit the EU territory and re-enter it again. For instance, if a shipment is originated from Valencia (Spain) and directed to Genoa (Italy) but the vessel will call Casablanca (Morocco) during its journey, then also for this cargo ENS will need to be filed before re-entering in Italy.
Please also remember: Great Britain is not part of EU, but Northern Ireland will still be considered as part of EU territory.
ENS is mandatory for all cargo bounded to the EU or transshipped in an EU port, so also the above case is included. Also, FROB (Foreign Cargo Remaining on Board) cargo must get filed with EU customs.
Buyer/seller data must only get filed with EU Customs if the cargo is destined to an EU country. House level data is mandatory for all the movements, including transshipment, FROB cargo with a destination outside the EU or EU to EU when the vessel is calling for a non-EU port in-between EU ports.
Generally, the vessel operator bringing the goods into the customs territory of the European Union is obliged to lodge an ENS.
In case of vessel sharing agreements such as The Alliance or other long term contractual agreements, the B/L issuing ocean carrier is responsible for the timely electronic transmission of the ENS.
However, with regards to upcoming new requirements under ICS2, when the maritime carrier does not have all legally required particulars of the ENS because its customer did not share them, those elements are to be filed by the person who holds them.
ICS2 is introducing a new filing concept. A maritime carrier can file a full ENS data set with Customs or a partial data set. A full data set comprises of:
a) Data elements of a straight B/L plus buyer and seller data or
b) Data elements of the master B/L plus house level data plus buyer and seller data
Prerequisite is that the customer will share all data elements required for a full ENS with the carrier in advance in the shipping instruction.
If this is not the case the carrier and other parties of the supply chain will have to file partial ENS. E.g., the carrier will only file the straight B/L data, but buyer/seller data is either filed by the freight forwarder, EU consignee or the importer. Or the carrier can only file the master B/L data, but house level and buyer/seller data are sent to customs by other parties (multiple filing concept). In this scenario our customer must provide us with the EORI (Economic Operator Registration + Identification) number of the the self-filer (called supplementary declarant in the EU reg.).
For deep-sea containerized shipments, i.e., from Americas or Asia to the EU, the ENS, no matter whether full or partial, all parts of the ENS must be lodged at least 24 hours prior to commencement of loading in each non--EU load port.
The ENS is submitted via the ICS2 Shared Trader Interface (STI) and addressed to the Member State responsible for the Customs Office of First Entry (first port of call in the EU).
The EU security regulation has changed considerably. The EU is now asking for more data elements then before. Under ICS1 there was no house level data filing required, but this will be implemented now, actual shipper and ultimate consignee (name, address and EORI if one was assigned to the party) must be filed with customs e.g. But there is also the requirement for buyer and seller data. As mentioned above all the data elements can be filed in a full ENS by the maritime carrier or if they were not shared with the carrier by the freight forwarder in partial ENS by different parties in the supply chain. Besides, a six-digit HS code must be provided together with an accurate and complete cargo description, before it was either four-digit HS code or cargo description.
Yes, according to the rules’ customer can file House BL data by himself. In such case the EORI number of the company filing the data must be communicated to HL.
The ICS2 Release 3 will go live on June 3, 2024. However, maritime carriers were allowed to request their National Customs Authority for a later deployment window, and therefore, we can confirm that Hapag-Lloyd will start lodging Entry Summary Declarations (ENS) into ICS2 from mid of October 2024.
Yes, for freight forwarders who intend to arrange their own house level filing in the future, the deployment window will start on December 4, 2024, and ends on April 1, 2025.
Yes, we will offer filing your house level and buyer/seller data provided you will send us all data required. Until December 3, 2024, though, ENS will be deemed complete if we file master or straight B/L data only.
No, ICS2 is a security manifest rule, information must be provided to EU Customs 24 Hours before commencement of loading.
Yes, they can be found here.
In general possible, however, in single cases the amendment request might not be accepted by customs.
It is necessary to lodge ENS from Jeddah and Tanger with Customs in Rotterdam, the first port of entry in the EU. Furthermore, a second ENS must be lodged with Customs in Antwerp for cargo previously loaded in Jeddah or Tanger and for cargo loaded in Rotterdam and Hamburg 2 hours prior to arrival in Antwerp at the latest.
This scenario is called a re-entry and in case House Bs/L are existing and have been filed prior to loading Jeddah or Tanger, the House level data does not need to be filed again upon arrival Antwerp. This is because for both entries in the EU the same master B/L number is submitted to Customs.
Goods will be stopped and delayed at the EU customs borders. The goods in question will not be cleared by the Customs Authorities. Inadequate declarations will either be rejected or subject to intervention, with possible sanctions imposed for non-compliance.
No matter whether container, including reefer container, are shipped on container or bulk vessels, the deadline for transmitting ENS for containerized cargo is 24 hours prior to loading. Not the vessel type is important but whether the cargo is containerized or in bulk.
Our IT team is working on updating all the existing digital products (Online booking / E-shipping instructions etc.). If you are already familiar with our digital products, there will be no big changes in the current setup, but some additional fields need to be filled.
Our external partners are also working on updating their products according to the requirements of the changed EU security regulation.
If the ENS data is not transmitted 24 hours prior to loading, this can result in fines and vessel delays in the EU ports. Therefore, all shipping instructions must be submitted according to the documentation cut-off time stipulated in the Hapag-Lloyd booking confirmation. Consequently, non-compliance may lead to cargo not being loaded on board the EU going vessel.
We will convey this information to the respective customer in accordance with the legally allowed actions.
The security initiative requires the electronic transmission of ENS to EU Customs. This demand has had and will continue to have a considerable cost impact on the ocean carrier. Hapag-Lloyd implemented a Security Manifest Documentation Fee (SMD) with effect from January 1, 2011.
Please contact your nearest Hapag-Lloyd sales office.