It was initially announced that the requirement for Entry Summary Declarations (ENS) would be effective from 31st October 2024. However, in announcement today, 03 October 2024, the required was postponed until 31st January 2025.
From 31st January 2025, UK legislation requires that all hauliers entering the United Kingdom from Europe, the complete a Safety and Security (S&S) declaration for import shipments entering the United Kingdom. ENS stands for Entry Summary Declaration, and S&S GB stands for Safety and Security Great Britain. S&S GB is the service that handles the ENS for goods being imported into Great Britain from the EU and the rest of the world.
Alinea Customs ENS service
Alinea Customs offers comprehensive S&S GB (Entry Summary Declaration – ENS) services to ensure your company’s compliance with these new regulations. Our fee is set at £15 per ENS declaration. For further information or to engage our services, please speak with your account manager at Alinea Customs, follow the link to Open a New Client Account or email our dedicated customs team at customs@alineacustoms.com.
Pre-arrival and pre-departure information
The safety and security regulations mandate pre-arrival and pre-departure information for all consignments entering and leaving Great Britain (including Remain on Board goods). There are exceptions for qualifying Northern Ireland goods moving from either:
- Northern Ireland to Great Britain
- Northern Ireland to Ireland, and then to Great Britain
Incorporating an ENS declaration into a Goods Movement Reference (GMR)
From 1st November 2024, a valid S&S Movement Reference Number (MRN) must be incorporated into the Goods Movement Reference (GMR). It is crucial to note that without a valid S&S MRN, no GMR will be issued, resulting in the inability to board ferries for transportation.
Non-compliance with the S&S declaration requirement prior to arrival at the port of export may lead to substantial consequences, including:
- Shipping delays
- Potential financial penalties
- Disruption to supply chain operations
Who is responsible for submitting an ENS declaration?
The legal obligation to submit a declaration rests with the carrier, defined as the operator of the active means of transport bringing goods into the customs territory. It is the carrier’s responsibility to ensure the declaration is submitted within the prescribed legal time limits. While a representative or third party may submit the declaration, this must only occur with the carrier’s explicit knowledge and consent.
Mode-Specific Responsibilities
Rail Transport: For goods travelling by rail, the carrier is the authorised rail freight operator responsible for tracting the train through the Channel Tunnel into Great Britain.
Air and Sea Transport: In air and sea freight, the legal requirement lies with the entity that has contracted and issued the bill of lading or air waybill for the carriage of goods into Great Britain or Northern Ireland. For sea freight, this responsibility falls to the shipping company, while for air freight, it rests with the airline.
Roll-on Roll-off (RoRo) Transport: For goods travelling via RoRo:
- Accompanied goods: The haulage company is responsible for lodging the declaration
- Unaccompanied goods: The ferry operator is responsible for lodging the declaration
Combined Transport: In cases of combined transport, such as a truck carried on a ferry, the obligation to file an entry summary declaration lies with the operator of the active means of transport upon arrival in the UK. For instance, if a truck is transported on a ferry and will drive off upon arrival in the UK, the obligation rests with the trucking company. However, if a ferry is transporting an unaccompanied trailer or container, the ferry is considered the active means of transport, regardless of whether the trailer or container will be attached to a truck at its destination.
Third-Party Submissions
While third parties may submit entry summary declarations on behalf of the carrier, this arrangement must be formalised with the carrier’s knowledge and consent. The carrier retains ultimate responsibility for ensuring timely submission. It is advisable to establish or amend commercial terms and conditions when arranging for a third party to file on the carrier’s behalf.
Such agreements should clearly state:
- The third party’s consent to file on the carrier’s behalf
- How this consent will be evidenced
- Applicable conditions and terms (e.g., submission deadlines, shipments covered, duration of the filing arrangement)
In the absence of evidence to the contrary, customs authorities may assume that:
- The carrier has provided consent under contractual arrangements
- A third party lodging a declaration has done so with the carrier’s knowledge and consent
It is important to note that while the legal liability for ensuring the submission of an entry summary declaration remains with the carrier, the responsibility for the accuracy of the information provided lies with the submitting party. This distinction underscores the importance of clear communication and well-defined responsibilities in customs declaration processes.
Further information is available from: Safety and Security Information GB
