Following Protocol 10 of the EEA Agreement and the implementing provisions of the European Union’s Customs Code (Regulation (EC) 648/2005), Entry- and Exit Summary Declarations will be mandatory as of 1 January 2011.
This means that all movement of goods between Norway and third countries other than Member States of the European Union need to be accompanied by an Entry- or Exit Summary Declaration (hereinforth “summary declaration”. Norwegian term “forhåndsvarsel”).
Agreement between the European Union and Norway
Norway and the European Union have through Protocol 10 of the EEA Agreement established an equivalent measure of security on goods entering or leaving the external borders of their customs territories.
The agreement waives the obligation for traders to provide customs with advance electronic information for security purposes in bilateral trade between Norway and the EU. It was signed on 30 June 2009 and entered into force on 1 July 2009.
The agreement foresees that Norway implements in its trade with third countries customs security measures that are equivalent to those applied by the EU. This implies mutual recognition of systems of risk analysis and management, and of systems to facilitate reliable traders (the so-called EU AEO certificate). This will ensure both smooth trade flows between Norway and the EU and a high level of security of the supply chain.
How to lodge summary declarations electronically
As of 1 January 2011 it is mandatory to electronically lodge a summary declaration for goods entering or exiting the external customs territories of Norway and the European Union.
The system in use for lodging a summary declaration to Norwegian customs authorities is the New Computerised Transit System (NCTS). The data to be included is listed in Annex 30A of Regulation (EC) 648/2005. The transporter is liable for lodging the declaration. For goods entering or exiting from third countries a summary declaration needs to be lodged according the same deadlines as in the EU. Please note that it is mandatory to enter the commodity code (HS) with a minimum of four digits.
As there is no system in place for exchange of security data between Norway and Member States of the European Union, the summary declaration needs to be lodged at the office of exit in the case of indirect transport, and not at the office of departure, as is the case within the EU.
As an example:
A vessel departing from Bergen, (NO) exiting through Rotterdam (NL), before continuing to Sao Paolo (BR). In this example the summary declaration needs to be lodged in ECS at Rotterdam in accordance with the applicable deadlines in the EU. Dutch Customs will consequently perform a risk analysis.
Exceptions from lodging a summary declaration
A summary declaration is not needed in the following cases
1. An entry or exit summary declaration shall not be required in respect of the following goods:
- electrical energy
- goods entering or leaving by pipeline
- letters, postcards and printed matter, including on electronic media
- goods moved under the rules of the Universal Postal Union Convention
- goods for which an oral customs declaration or a declaration by simple crossing the border is permitted in accordance with the legislation of the Contracting Parties except for pallets, containers and means of road, rail, air, sea or inland waterway transport carried under a transport contract
- goods contained in travellers’ personal luggage;
- goods covered by ATA and CPD Carnets;
- goods entitled to relief pursuant to the Vienna Convention on Diplomatic Relations of 18 April 1961, the Vienna Convention on Consular Relations of 24 April 1963 or other Consular conventions, or the New York Convention of 16 December 1969 on Special Missions;
- weapons and military equipment brought into or out from the customs territory of a Contracting Party by the authorities in charge of the military defence of the Contracting Parties, in military transport or transport operated for the sole use of the military authorities;
- the following goods brought into or out from the customs territory of a Contracting Party directly to or from drilling or production platforms operated by a person established in the customs territory of the Contracting Parties:
- goods which were incorporated in such platforms, for the purposes of their construction, repair, maintenance or conversion,
- goods which were used to fit to or to equip the said platforms; other provisions used or consumed on the said platforms; and non-hazardous waste products from the said platforms;
- goods in a consignment 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;
- goods moved under cover of the 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.
2. An entry or exit summary declaration shall not be required in cases provided for in international agreements concluded by a Contracting Party with a third country in the area of security subject to the procedure referred to in Article 9b(3) of Protocol 10 of the EEA Agreement.
3. An entry or exit summary declaration is not required in the Community in cases provided for in point (j) Article 181c, point (j) Article 592a, and point (b) of Article 842a(2) of Regulation (EEC) No 2454/93.