Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 230/2

12 November 2004

Dear Sirs,

Commercial Information Circular No. 284/2004

European Union (EU) * : Proposed Requirement to Lodge Pre-arrival Information for Goods Entering into the Community Customs Territory

The European Commission has announced a proposed regulation to amend Council Regulation (EEC) No. 2913/92 of 12 October 1992 on the Community Customs Code. Among other amendments, it is proposed that traders should be required to provide customs authorities with information on goods before they are imported into the EU. Salient points of the proposed rule are set out in the paragraphs below. A copy of the proposal is attached (pdf format) to this circular for reference.

DETAILS

2. Currently, the summary declaration or the customs declaration must be lodged only when goods are presented to customs. Under the proposed regulation, the summary declaration has to be presented before the goods enter into the Community customs territory, except for goods passing through by air or ship without a stop within the territory. The future arrangement will allow for the pre-screening of cargo and tightening of security controls if necessary.
3. The proposed regulation provides that the normal deadline for lodging a summary declaration is 24 hours before the goods are presented to customs. Special provisions will be applied where transport time is shorter or where an international agreement provides for a different timeframe. The summary declaration shall be made in electronic form according to the specification to be determined by the EU authorities. Paper-based summary declarations may be accepted in exceptional circumstances and only within a period of two years after the entry into force of the proposed regulation.
4. Where a customs declaration is required following the entry of the goods into the Community customs territory, the proposed regulation allows the electronic customs declaration to replace the summary declaration, provided it is lodged within the same stipulated timeframe and contains the necessary data. No goods can be released before the summary declaration or the customs declaration has been presented.
5. The proposed regulation will be subject to the approval of the European Parliament and the Council of the EU. According to the European Commission's legislative proposal, practical application details will be further laid down in implementing provisions which must be put in place two years after the entry into force of the proposed regulation. We shall keep the trade informed of further developments on the issue.

ENQUIRIES

6. For enquiries about the content of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Miss Sandra SOU)

for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.