‘ANNEX I

ENTRY AND EXIT SUMMARY DECLARATIONS

TITLE I

Entry summary Declaration

4. The customs authorities of the Contracting Parties may permit commercial, port or transport information systems to be used for lodging the particulars of the entry summary declaration, provided such systems contain the necessary particulars and those particulars are available within the time limits referred to in Article 7.

3. Economic operators shall use a harmonised trader interface, designed by the Contracting Parties in agreement with each other, for submissions, requests for amendments, requests for invalidations, processing and storage of the particulars of entry summary declarations and for the exchange of related information with the customs authorities.

The Contracting Parties are expected to be ready at the same time for each release at the start of the deployment window. Where deemed appropriate, the Contracting Parties may allow the economic operators to gradually connect to the system until the end of the deployment window provided for each of the releases. The Contracting Parties shall publish the deadlines and instructions for economic operators on their website.

2. The development and release dates of the sequenced deployment of the electronic system referred to in this Annex are the dates set out in the Union Customs Code project Import Control System 2 (ICS2) set out in the Annex to Commission Implementing Decision (EU) 2019/2151 (1) .

exchanging information for monitoring and evaluating the implementation of the common security and safety risk criteria and standards and of the control measures and priority control areas.

exchanging information concerning the particulars of the entry summary declaration and results of risk analysis of entry summary declarations, concerning other information necessary to perform that risk analysis, and concerning measures undertaken on the basis of risk analysis, including recommendations on places of control and the results of those controls;

submitting, processing and storing the particulars of the entry summary declarations and other information relating to those declarations, relating to risk analysis for customs security and safety purposes, including the support of aviation security, and relating to the measures that must be taken based on the results of that analysis;

Before the deployment of release 3 of the system referred to in Article 1(1) of this Annex, the Contracting Parties shall assess whether or not, after that date, the customs authorities may continue to carry out the risk analysis on the basis of the transit declaration containing the particulars of an entry summary declaration lodged in NCTS (5) and shall modify the Agreement if necessary.

5. In accordance with Article 9c(8) of this Protocol, until the date of the deployment of release 3 of the system referred to in Article 1(1) of this Annex, the Contracting Parties may carry out the security and safety related risk analysis on the basis of the transit declaration lodged in the New Computerised Transit System (NCTS) in accordance with the Convention on a Common Transit Procedure (4) , including the exchange of risk analysis related information between the involved Contracting Parties, for goods transported by sea, inland waterways, road and rail. NCTS is the electronic system that enables communication between the Contracting Parties, and between the Contracting Parties and economic operators for the purposes of submitting customs declaration for transit including all the particulars required for an entry or exit summary declaration and the notifications relating to those goods.

Where the amendments to or invalidation of the particulars of the entry summary declaration are lodged by a person different from the carrier, the customs authorities shall also notify the carrier, provided that the carrier has requested to be notified and has access to the electronic system referred to in Article 1(1).

4. The customs authorities of the Contracting Party, who registered the entry summary declaration, shall immediately notify the person who lodged the request for amendment or invalidation of their decision to register it or reject it.

Where more than one person requests an amendment or an invalidation of the particulars of the entry summary declaration, each of those persons shall only be permitted to request the amendment or the invalidation of the particulars that he/she submitted.

3. The electronic system referred to in Article 1(1) shall be used for lodging a request for amendment or invalidation of an entry summary declaration or the particulars therein.

2. The particulars of the entry summary declaration may be provided by the submission of more than one dataset by more than one person.

The particulars of the entry summary declaration shall comply with the respective formats, codes and cardinalities set out in Annex B to Commission Implementing Regulation (EU) 2015/2447 (3) and be completed in accordance with the notes in those Annexes.

1. The entry summary declaration, and the notification of arrival of a seagoing vessel or of an aircraft shall contain the particulars laid down in the following columns of Annex B to Commission Delegated Regulation (EU) 2015/2446 (2) :

3. An entry summary declaration shall not be required in cases where the goods temporarily leave the customs territories of the Contracting Parties during transport by sea or air between two points of those customs territories and without having stopped in a third country.

2. An entry summary declaration shall not be required in the cases provided for in an international agreement concluded between a Contracting Party and a third country on security, subject to the procedure laid down in Article 9b(3) of this Protocol.

household effects as defined in the legislation of the respective Contracting Parties provided that they are not carried under a transport contract.

vessels, and the goods carried thereon, entering the territorial waters of one of the Contracting Parties with the sole purpose of taking on board supplies without connecting to any of the port facilities;

products of sea-fishing and other products taken from the sea outside the customs territories of the Contracting Parties by their fishing vessels;

goods for the operation of the engines, machines and other equipment of those vessels or aircraft;

goods which have been supplied for incorporation as parts of or accessories in those vessels and aircraft;

goods brought to one of the Contracting Parties from Ceuta and Melilla, Heligoland, the Republic of San Marino, the Vatican City State, the municipality of Livigno and the Swiss customs exclaves of Samnaun and Sampuoir;

goods moved under cover of the NATO form 302 provided for in the Convention between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed in London on 19 June 1951, or under cover of the EU form 302 provided for in point 51 of Article 1 of Commission Delegated Regulation (EU) 2015/2446;

where the goods are transported by sea, inland waterways, road or rail, until the date set out for the deployment of release 3 of the electronic system referred to in Article 1(1);

where the goods are transported by air other than in postal or express consignments, until the date set out for the deployment of release 2 of the electronic system referred to in Article 1(1);

where the goods are in express consignments, that are transported by air, until the date set out for the deployment of release 1 of the electronic system referred to in Article 1(1);

goods in consignments the intrinsic value of which does not exceed EUR 22, provided that the customs authorities accept, with the agreement of the economic operator, to carry out risk analysis using the information contained in, or provided by, the system used by the economic operator, as follows:

goods which were used to fit or equip the said offshore installations;

goods which were incorporated in those offshore installations for the purposes of their construction, repair, maintenance or conversion;

the following goods brought into the customs territory of one of the Contracting Parties directly from offshore installations operated by a person established in the customs territory of one of the Contracting Parties:

weapons and military equipment brought into the customs territory of one of the Contracting Parties by the authorities in charge of the military defence of the territory, in military transport or transport operated for the sole use of the military authorities;

goods entitled to relief pursuant to the Vienna Convention of 18 April 1961 on Diplomatic Relations, the Vienna Convention of 24 April 1963 on Consular Relations or other consular conventions or the New York Convention of 16 December 1969 on Special Missions;

goods for which an oral customs declaration or simple crossing of the border is permitted under the rules laid down by the Contracting Parties, provided that they are not carried under a transport contract;

where the postal consignments are transported by sea, inland waters, road or rail, until the date set out for the deployment of release 3 of the electronic system referred to in Article 1(1);

where the postal consignments are transported by air and have a third country or third territory as final destination, until the date set out for the deployment of release 2 of the electronic system referred to in Article 1(1);

where the postal consignments are transported by air and have a Contracting Party as final destination, until the date set out for the deployment of release 1 of the electronic system referred to in Article 1(1);

1. An entry summary declaration shall not be required in respect of the following goods:

3. The customs authorities of the Contracting Parties may allow the entry summary declaration to be lodged at another customs office, provided that the latter immediately communicates or makes available electronically the necessary particulars to the customs office of first entry.

2. Where the entry summary declaration is lodged by the submission of more than one dataset, or by the submission of the minimum dataset, the person submitting the partial or minimum dataset shall do so to the customs office that, according to his/her knowledge, should be the customs office of first entry. If that person does not know the place in the customs territories of the Contracting Parties at which the means of transport carrying the goods is expected to first arrive, the customs office of first entry may be determined based on the place to which the goods are consigned.

1. The entry summary declaration shall be lodged at the customs office that is competent for customs supervision at the place in the customs territory of one of the Contracting Parties where the means of transport carrying the goods arrives or, where applicable, is destined to arrive, from a third country or a third territory (hereafter referred to as the “customs office of first entry”).

2. From the date of the deployment of release 2 of the electronic system referred to in Article 1(1), where the entry summary declaration is lodged by a person other than the carrier, the customs authorities shall immediately notify the carrier of the registration, provided that the carrier has requested to be notified and has access to that electronic system.

1. The customs authorities shall register each submission of particulars of the entry summary declaration upon its receipt and shall immediately notify the declarant or its representative of its registration and shall communicate a Master Reference Number of the submission and the date of registration to that person.

for goods transported by sea, inland waterways, road and rail, by the submission of one or more than one dataset through the electronic system referred to in Article 1(1) of this Annex, from the date of the deployment of release 3 of that system.

by the submission of one or more than one dataset through the electronic system referred to in Article 1(1) of this Annex, from the date of the deployment of release 2 of that system;

postal operators shall lodge, for all consignments having a Contracting Party as final destination, the minimum dataset from the date of the deployment of release 1 of the electronic system referred to in Article 1(1) of this Annex;

express carriers shall lodge, for all consignments, the minimum dataset from the date of the deployment of release 1 of the electronic system referred to in Article 1(1) of this Annex;

Where none of the waivers from the obligation to lodge an entry summary declaration in Article 9c of this Protocol and Article 3 of this Annex applies, the particulars of the entry summary declaration shall be provided as follows:

12. Subject to the procedure referred to in Article 9b(3) of this Protocol, the time limits mentioned in paragraphs 1 to 10 of this Article shall not apply where international agreements on security between a Contracting Party and third countries provide otherwise.

11. The time limits referred to in paragraphs 1 to 10 shall not apply in the case of force majeure.

10. Where the goods are brought into the customs territories of the Contracting Parties on a means of transport which is, itself, transported on an active means of transport, the time limit for lodging the entry summary declaration shall be the time limit applicable to the active means of transport.

9. Where the goods are brought into the customs territories of the Contracting Parties by inland waterways, the entry summary declaration shall be lodged at the latest two hours before arrival of the goods at the place for which the customs office of first entry is competent.

8. Where the goods are brought into the customs territories of the Contracting Parties by road, the entry summary declaration shall be lodged at the latest one hour before the arrival of the goods at the place for which the customs office of first entry is competent.

in all other cases, at the latest two hours before the arrival of the goods at the place for which the customs office of first entry is competent.

where the train voyage from the last train formation station located in a third country to the customs office of first entry takes less than two hours, at the latest one hour before arrival of the goods at the place for which that customs office is competent;

7. Where the goods are brought into the customs territories of the Contracting Parties by rail, the entry summary declaration shall be lodged within the following time limits:

6. Until the date of the deployment of release 2 of the electronic system referred to in Article 1(1), the minimum dataset of the entry summary declaration lodged in accordance with paragraph 3 of this Article shall be considered as the full entry summary declaration for goods in postal consignments having a Contracting Party as final destination and for goods in express consignments with an intrinsic value not exceeding EUR 22.

5. From the date of the deployment of release 2 of the electronic system referred to in Article 1(1), where only the minimum dataset of the entry summary declaration has been provided within the time limits referred to in paragraphs 3 and 4 of this Article, the other particulars shall be provided within the time limits specified in paragraph 2 of this Article.

4. From the date of the deployment of release 2 of the electronic system referred to in Article 1(1), economic operators other than postal operators and express carriers shall lodge at least the minimum dataset of the entry summary declaration as soon as possible and at the latest before the goods are loaded onto the aircraft on which they are to be brought into the customs territories of the Contracting Parties.

3. From the date of the deployment of release 1 of the electronic system referred to in Article 1(1), postal operators and express carriers shall lodge at least the minimum dataset of the entry summary declaration as soon as possible and at the latest before the goods are loaded onto the aircraft on which they are to be brought into the customs territories of the Contracting Parties.

for other flights, at the latest four hours before the arrival of the aircraft at the first airport in the customs territories of the Contracting Parties.

for flights with a duration of less than four hours, at the latest by the time of the actual departure of the aircraft;

2. Where the goods are brought into the customs territories of the Contracting Parties by air, the full particulars of the entry summary declaration shall be lodged as soon as possible and in any case within the following time limits:

for movement, other than where point (c) applies, between a territory outside the customs territories of the Contracting Parties and the French overseas departments, the Azores, Madeira or the Canary Islands, where the duration of the voyage is less than 24 hours, at the latest two hours before arrival at the first port of entry into the customs territories of the Contracting Parties.

ports of the United Kingdom of Great Britain and Northern Ireland, with the exception of ports located in Northern Ireland, and ports of the Channel Islands and the Isle of Man;

at the latest two hours before arrival of the vessel at the first port of entry into the customs territories of the Contracting Parties in the case of goods coming from any of the following:

for bulk or break bulk cargo, other than where point (c) or (d) applies, at the latest four hours before the arrival of the vessel at the first port of entry into the customs territories of the Contracting Parties;

for containerised cargo, other than where point (c) or point (d) applies, at the latest 24 hours before the goods are loaded onto the vessel on which they are to be brought into the customs territories of the Contracting Parties;

1. Where the goods are brought into the customs territories of the Contracting Parties by sea, the entry summary declaration shall be lodged within the following time limits:

Article 8

Security and safety related risk analysis and security and safety related customs controls relating to the entry summary declarations

1. Risk analysis shall be completed before the arrival of the goods at the customs office of first entry, provided that the entry summary declaration has been lodged within the time limits laid down in Article 7, unless a risk is identified or an additional risk analysis needs to be carried out. Without prejudice to the first subparagraph of this paragraph, a first risk analysis on goods to be brought into the customs territories of the Contracting Parties by air shall be carried out as soon as possible upon receipt of the minimum dataset of the entry summary declaration referred to in Article 7(3) and (4).

2. The customs office of first entry shall complete the risk analysis for security and safety purposes after the following exchange of information through the electronic system referred to in Article 1(1): (a) immediately after registration, the customs office of first entry shall make the particulars of the entry summary declaration available to the customs authorities of the Contracting Parties indicated in those particulars and to the customs authorities of the Contracting Parties that have recorded in the electronic system information relating to security and safety risks that matches particulars of that entry summary declaration; (b) within the time limits laid down in Article 7, the customs authorities of the Contracting Parties referred to in point (a) of this paragraph shall perform a risk analysis for security and safety purposes and, if they identify a risk, they shall make the results available to the customs office of first entry; (c) the customs office of first entry shall take into account the information on risk analysis results provided by the customs authorities of the Contracting Parties referred in point (a) to complete the risk analysis; (d) the customs office of first entry shall make the results of the completed risk analysis available to the customs authorities of the Contracting Parties that contributed to the risk analysis and to those that are potentially concerned by the movement of the goods; (e) the customs office of first entry shall notify the completion of the risk analysis to the following persons, provided that they have requested to be notified and have access to the electronic system referred to in Article 1(1): — the declarant or his/her representative; — the carrier, if different from the declarant and his/her representative.

3. Where the customs office of first entry requires further information on the particulars of the entry summary declaration for the completion of the risk analysis, that analysis shall be completed after that information has been provided. For those purposes, the customs office of first entry shall request that information from the person that lodged the entry summary declaration or, where applicable, the person that submitted the particulars of the entry summary declaration. Where that person is different from the carrier, the customs office of first entry shall inform the carrier, provided that the carrier has requested to be notified and has access to the electronic system referred to in Article 1(1).

4. Where the customs office of first entry has reasonable grounds to suspect that goods brought by air could pose a serious aviation security threat, it shall require that the consignment, before being loaded on an aircraft bound for the customs territories of the Contracting Parties, be screened as High Risk Cargo and Mail in accordance with Annex XIII Part I point VI, Articles 66h and 66hf, of the Agreement laying down detailed measures for the implementation of the common basic standards on aviation security. The customs office of first entry shall notify the following persons, provided that they have access to the electronic system referred to in Article 1(1): (a) the declarant or his/her representative; (b) the carrier, if different from the declarant and his/her representative. Following that notification, the person who lodged the entry summary declaration, or where applicable, the person that submitted the particulars of the entry summary declaration shall provide the customs office of first entry with the results of that screening and with all other related relevant information. The risk analysis shall only be completed after that information has been provided.

5. Where the customs office of first entry has reasonable grounds to consider that goods brought by air or containerised cargo brought by sea, as referred to in Article 7(1)(a), would pose such a serious threat to security and safety that immediate action is required, it shall direct that the goods are not to be loaded on the relevant means of transport. The customs office of first entry shall notify the following persons, provided that they have access to the electronic system referred to in Article 1(1): (a) the declarant or his/her representative; (b) the carrier, if different from the declarant and his/her representative. That notification shall be made immediately after the detection of the relevant risk and, in the case of containerised cargo brought by sea as referred to in Article 7(1)(a), at the latest within 24 hours of the receipt of the entry summary declaration or, where applicable, of the particulars of the entry summary declaration by the carrier. The customs office of first entry shall also immediately inform the customs authorities of the Contracting Parties of that notification and make the relevant particulars of the entry summary declaration available to them.

6. Where a consignment has been identified as posing a threat of such nature that immediate action is required upon arrival of the means of transport, the customs office of first entry shall take that action upon arrival of the goods.

7. After completing the risk analysis, the customs office of first entry may recommend, through the electronic system referred to in Article 1(1), the most appropriate place and measures to carry out a control. The customs office competent for the place that has been recommended as the most appropriate for control shall decide on the control and shall make, through the electronic system referred to in Article 1(1), the results of that decision available to all the customs offices of the Contracting Parties potentially concerned by the movement of goods, at the latest at the moment of presentation of the goods at the customs office of first entry.

8. The customs offices shall make the results of their security and safety related customs controls available to other customs authorities of the Contracting Parties through the system referred to in Article 1(1) where: (a) the risks are assessed by a customs authority as being significant and requiring customs control and the results of the control establish that the event triggering the risks has occurred; or (b) the control results do not establish that the event triggering the risks has occurred, but the customs authority concerned considers the threat to present a high risk elsewhere in the customs territories of the Contracting Parties; or (c) it is necessary for a uniform application of the rules in the Agreement. The Contracting Parties shall exchange in the system referred to in Article 9e(3) of this Protocol the information on the risks mentioned under points a) and b).

9. Where goods for which the obligation to lodge an entry summary declaration is waived in accordance with Article 3(1) (c) to (f), (h) to (m), (o) and (q) are brought into the customs territories of the Contracting Parties, the risk analysis shall be carried out upon the presentation of the goods.

10. Goods presented to customs may be released as soon as the risk analysis has been carried out and the results of the risk analysis and, where required, the measures taken, allow such a release.