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The legal obligation to submit an ENS declaration primarily rests with the "carrier," defined as the operator of the active means of transport on, or in, which the goods are brought into the customs territory.
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Roles and Responsibilities for Safety and Security Declarations Overview of Accountability for Entry Summary Declarations (ENS)
Introduction • Effective January 31, 2025, the UK will enforce mandatory Safety and Security Declarations (ENS) for goods imported from the EU into Great Britain. • Understanding these roles and responsibilities is crucial for compliance and facilitating smooth trade operations.
Who Is Responsible for Submitting ENS Declarations? • The legal obligation primarily rests with the 'carrier,' defined as the operator of the active means of transport bringing goods into the customs territory. • Responsibilities vary by transport mode: • - Maritime: Shipping company • - Air: Airline • - Rail: Rail freight operator • - Road (RoRo): • - Accompanied: Haulage company • - Unaccompanied: Ferry operator
Delegating ENS Submission Responsibilities • Carriers may delegate ENS submissions to third parties (e.g., freight forwarders or customs agents) if: • - There is explicit consent from the carrier. • - Submissions are made within legal time limits. • - The information is accurate and complete. • Note: The carrier remains accountable for compliance.
Consequences of Non-Compliance • Failure to comply with ENS requirements can lead to: • - Fines and penalties imposed by customs authorities. • - Delays in goods clearance. • - Increased inspections and scrutiny of shipments.
Recommendations for Compliance • To ensure adherence to ENS requirements: • - Understand your role (carrier or third party) and responsibilities. • - Establish clear agreements if delegating tasks. • - Use reliable platforms for ENS submissions. • - Stay informed about updates from HMRC. • Facilitate efficient trade and avoid compliance issues.