3. Import Control System (ICS)
This section of the Tariff covers the operation of the ICS.
3.1 Security and Safety legislation relating to imports into the EU
The implementation of Security and Safety legislation is laid down in Commission Regulation 952/2013 (commonly known as the UCC). The Data elements for ICS are in Annex 30A of Commission Regulation 2454/93 until Community IT systems are updated. Once EU IT systems are updated, unlikely to be before 2020, Annex B of Implementing Regulation 2015/2446/EU.
3.2 Import Control System (ICS)
ICS requires the electronic submission of an Entry Declaration (ENS) providing pre-arrival information to the customs authorities for all goods brought into the customs territory of the EU.
The responsibility for ensuring that ENSs are submitted lies with the ‘carrier’. The carrier is defined as the ‘operator of the active means of transport on or in which the goods are brought into the customs territory of the EU (for example the vessel, aircraft, train or road vehicle)’.
The ICS guidance outlines the processes carriers will need to follow when bringing goods into the EU via the UK.
3.3 ICS main principles
The ICS Entry Declaration (ENS):
- should be submitted (within the deadlines set by the legislation) to the ICS electronic system of the member state where the first [air]port of entry into the EU is situated (the ‘Office of First Entry’ (OoFE))
- should include, in the specified format, the data elements of Annex 30A of Commission Regulation 2454/93 including should be submitted (within the deadlines set by the legislation) to the ICS electronic system of the Member State where the first [air]port of entry into the EU is situated (the ‘(OoFE)’)
- should include, in the specified format, the data elements of Annex 30A of Commission Regulation 2454/93 including information to identify:
- the cargo
- the traders involved in the movement
- the vessel/aircraft
- the envisaged route into and across the EU
It is the responsibility of the carrier to ensure that an ENS is submitted for all goods on board the vessel/aircraft entering the Community even where they remain on board during the passage of the vessel/aircraft through the EU.
It should be noted in particular that an ENS for cargo arriving in deep sea containers must be submitted before loading of the goods on the vessel in the third country. Information may have to be provided many weeks in advance of actual arrival of the cargo.
3.4 Time limits for lodging entry declarations
The time limits laid down in Article 105 to 110 of Commission Regulation 2015/2446 for all modes of transport are as follows:
- containerised maritime cargo (except short sea containerised shipping) – at least 24 hours before commencement of loading of the vessel that brings the goods into the EU at the port of departure
- bulk/break bulk maritime cargo (except short sea bulk/ break bulk shipping) – at least 4 hours before arrival at the first port in the EU
- short sea shipping movements between:
- Greenland
- Faroe Islands
- Ceuta
- Melilla
- Norway
- Iceland
- ports on the Baltic Sea
- ports on the North Sea
- ports on the Black Sea or ports on the Mediterranean
- all ports of Morocco
- the EU (except French overseas departments, Azores, Madeira and Canary Islands to which other rules apply) at least 2 hours before arrival at the first port in the EU
Movements between a territory outside the EU and French overseas departments, Azores, Madeira and Canary Islands where the duration is less than 24 hours – at least 2 hours before arrival at the first port in the EU:
- short haul flights (less than 4 hours duration) – at least by the time of the actual take off of the aircraft
- long haul flights (more than 4 hours duration) – at least 4 hours before arrival at the first airport in the EU
- rail and inland waterways – at least 2 hours before arrival at the customs OoFE in the EU
- road traffic – at least 1 hour before arrival at the customs OoFE in the EU
3.5 Movement Reference Number (MRN) – inclusion on CHIEF Import Declaration
The MRN number is automatically generated by the ICS System and allocated to each ENS after successful validation, acceptance and registration. Importers or agents should include the information in Box 44 of the CHIEF import declaration.
3.6 ICS Risk Assessment
All information submitted to ICS will be assessed against a set of common (EU) risk criteria and any positive risks identified at the first [air]port of entry into the EU will be passed on to subsequent [air]ports in other member states (Offices of Subsequent Entry (OoSE)).
Where positive risk results are detected, the UK Border Agency (UKBA) (as delivery partners for HMRC at the UK frontier) will assess whether to intervene. This may mean issuing a ‘Do Not Load’ message (for maritime deep sea cargo sector only), intercepting the goods on arrival in the UK, and/or forwarding the positive risk results to customs administration(s) in subsequent identified [air]port(s) in the EU.
3.7 The ICS arrival notification
Where the UK is either an OoFE or an OoSE, the lead carrier, should arrange for the electronic submission of an ICS ‘Arrival Notification’ to the UK ICS system when the means of transport carrying the goods reaches the UK.
The existing process for [air]port/inventory arrivals by inventory systems for legal presentation and CHIEF entry purposes will not change, the ICS Arrival Notification is in addition to this. However, some inventory systems may include this additional functionality within existing processing – carriers should contact their EC Systems Provider for information on whether this functionality is available. At locations where Arrival Notification functionality is not being provided by the inventory system or where an inventory system is not in use, carriers must make provision for an electronic Arrival Notification (IE347) to be submitted to the ICS system – in common with all ICS functionality, no manual (paper) submission option is available.
3.8 The ICS Diversion Request
Where the active means of transport (vessel/aircraft/lorry) is to be diverted to an Office of First Entry in a member state which was not identified on the original ENS, the carrier must lodge a ‘Diversion Request’ to the initially declared OoFE. This office then transmits information to the actual OoFE about any consignments for which a positive risk was identified. If the declared OoFE did not find any risks, no information will be forwarded to the actual OoFE. The Diversion Request (IE323) must be submitted electronically.
3.9 ICS operation in member states other than the UK
Where cargo destined for the UK initially enters the EU via another member state traders will need to consult any ICS guidance issued by the member state responsible for the OoFE. The UK guidance can only cover the ICS process where the UK is OoFE.
3.10 ICS information
Further information on ICS in the UK, including the full guidance document can be found on the ICS web page.
3.11 UK Fallback Arrangements for the ICS
If an Economic Operators system is unavailable
The UK will not accept ICS declarations by ‘other means’ for example by paper, data key or email. Economic Operators will need to make arrangements for the Entry Declaration (ENS) to be submitted by another Economic Operator on their behalf, or keep trying to submit an ENS up to the point that the Arrival Notification is processed. The later the ENS is sent in these circumstances the greater the possibility of encountering delays upon arrival.
A valid ENS declaration will be required to be submitted to allow Economic Operators to fulfil their legal obligations.
Not being able to declare ENS data from their own systems due to system failure will not automatically be accepted as a valid excuse for not declaring an ENS to the UK ICS.
If a CSP system is unavailable
If a CSP system is unavailable, Economic Operators should operate under their individual CSPs fallback arrangements (usually by use of another CSP system) or submit their declaration via the Trader Front End (TFE).
If all CSP systems are unavailable, Economic Operators will need to either use the published CSP fallback provisions or use an alternative electronic method (such as, another traders system where the trader links to the front end) to allow the ENS to be declared.
If the core UK ICS system, including TFE, is unavailable to both UK and Economic Operators
Economic Operators and CSPs should continue to send messages to UK ICS until HMRC confirm the non-availability of the core ICS system. These will be queued until the system is restored. When the ICS system is restored, an ENS can be sent for consignments en-route that have not yet had the Arrival Notification processed.
HMRC will advise other member states when the UK ICS is not available so other MS can be aware that some consignments, particularly involving short flights, may not have a MRN allocated.
