II.3.3.4.1. Authorization

In addition to the general conditions listed in section II.3.3.1, the applicant must meet the following specific conditions to obtain authorization to complete a shipping company manifest as proof of Union status without customs approval.

Specific conditions

Article 128, sections 2 and 4, of the AD

The person concerned regularly issues proof of the customs status of Union goods or the competent customs authorities know that they can comply with the legal obligations for the use of such proof.

However, for logistical reasons, sometimes the manifest is not available at the time of the vessel's departure, and therefore its authentication cannot take place at that time. In that case, a shipping company can electronically send the manifest details from the port of departure, after the vessel's departure to the port of destination, so that the manifest is available at the port of destination before the vessel's arrival. The customs authorities may authorize the shipping company to complete such manifests no later than the day after the vessel's departure but before its arrival at the port of destination: the TC12 authorization (see Annex 8.2). In addition to the general conditions listed in section II.3.3.1, the applicant must meet the following specific conditions.

Specific conditions

Article 128 quinquies, paragraphs 1 and 2, of the AD and Article 18 of Appendix II of the Convention

that it is an international shipping company;
which uses electronic data exchange systems to transmit information between ports of departure and destination in the customs territory of the Union;
which carries out a significant number of crossings between the ports of Member States or common transit countries according to the authorized routes.

Request

Articles 128 quater and 128 quinquies of the AD
Article 18 of Appendix II of the Convention

The shipping company must include in the authorization application a list of all countries and all ports of departure and destination in question.

The shipping company must also indicate the name(s) of its representative(s) in the ports mentioned.

Consultation procedure for authorization

Upon receipt of an application, the customs authorities of the Member State in which the shipping company is established shall notify the application to the other Member States in which the ports of departure and intended destination are located. The relevant contact persons are listed in Annex II.8.2 – Annex B.

The customs authorities at the ports of departure and destination will review with the local offices of the shipping company whether the conditions for using the simplified procedure are met and, in particular, whether the criterion relating to a significant number of voyages between countries according to recognized itineraries is met.

Once this consultation procedure is completed, the customs authorities at the ports of departure and destination will inform their competent authorities whether or not those ports are equipped to allow the use of an electronic data interchange system and whether or not the company meets the conditions set out above.

If no objection is received within 60 days (Member States) or 45 days (common transit countries) from the date of notification, the customs authorities shall authorize the use of the simplified procedure for completing a shipping company's manifest as proof of Union status without customs endorsement.

This authorization shall be valid in the relevant Member States and shall only apply to transport operations carried out between the ports to which it refers. The simplification will cover the transfer of all goods transported by the shipping company by sea between the ports of the Member States of the Union and the common transit countries covered by the authorization.