ENS declaration mandatory for waste transports from 31 January
On 31 January 2025, new rules for declaring shipments to the UK come into force. At issue is the obligation to submit an ENS (Entry Summary Declaration) for goods entering the Islands. This change has huge implications for the transport and logistics industry, affecting hauliers and exporters. In this article, we explain what an ENS declaration is, who it applies to and the consequences of non-compliance with the new regulations.
Contact for waste transport permit to England
What is an ENS declaration and why is it required?
The ENS (Entry Summary Declaration) is a customs document submitted before goods are transported into the UK. Its purpose is to provide information about the consignment so that the authorities can assess security and border risks. The ENS is a key element of the customs and border control system, introduced as part of ensuring the smooth flow of trade and protecting against potential threats such as smuggling or terrorism.
The requirement for an ENS declaration is based on the UK customs rules which were established when the country left the European Union. The legal basis was created based on retained EU law, in particular the Union Customs Code and delegated and implementing acts. Relevant provisions include:
- Regulation (EU) No 952/2013: establishing the Union Customs Code
- Commission Delegated Regulation (EU) 2015/2446: supplementary to the UCC as regards the detailed rules for certain provisions
- Commission Implementing Regulation (EU) 2015/2447, laying down detailed rules for the implementation of certain provisions of the UCC.
The above provisions have been retained in UK law. They have been adapted where necessary to fit into the UK's independent customs system.
From 31 January 2025 it will be compulsory for every transport to submit an ENS declaration, in addition regardless of the type of carriage - whether by road, sea or air.
Who is affected by the new rules?
The new regulations require ENS declarations to:
- Carriers - Individuals or companies physically transporting goods to the UK are responsible for filing the ENS declaration. They can do this themselves or have it done by an authorised customs agency with the appropriate software.
- Maritime and air transport operators - Indeed, companies arranging sea or air transport to the UK must ensure that an ENS declaration is filed before the goods enter the country.
- Exporters and importers - While the primary responsibility lies with the carriers, exporters and importers should work together to provide the necessary information to complete the ENS declaration correctly.
Exceptions to the obligation to submit ENS declarations
- The transport of goods in the context of humanitarian action may not be subject to ENS declaration.
- So are some commodities considered low-risk products.
It is worth checking the official UK customs documents for details of exceptions.
How does the ENS declaration affect waste shipments to the UK?
The ENS declaration is of particular relevance for waste shipments to the UK, due to the additional regulations for such shipments. This is because waste, as materials potentially hazardous to the environment or public health, is subject to increased customs and border controls. Key aspects of the ENS declaration in the context of waste include:
- Additional documentary requirements. In addition to the standard information in the ENS declaration, hauliers must provide details of the type of waste, its codes according to the EWC (European Waste Catalogue) list and the purpose of the transport.
- Verification of compliance with TFS regulations (Transfrontier Shipment of Waste).Shipments of waste to the UK must comply with international waste shipment regulations, which requires prior notification and approval from the authorities of both the exporting and importing country.
- Obligation to describe the load accurately. Failure to provide accurate data in the ENS waste declaration may lead to delays at the border or even refusal of entry. Each consignment should be described in detail, including information on the method of disposal or recovery of the waste.
- Safety issues. Due to the potential risks, waste transport is prioritised in risk assessment processes. The ENS declaration allows UK authorities to take appropriate control measures in advance.
- Obligations of carriers. Transport companies must ensure that drivers and administrative staff are properly trained in the correct completion of ENS documents for waste.
Transporting waste without the proper ENS documentation can result in heavy fines and even a ban on further shipments. This is why it is so important for waste transport companies to be aware of the specific requirements associated with the new regulations.
Consequences of not declaring ENS
Failure to declare ENS can lead to serious problems such as:
- Delays at the border. This means that goods without a declaration filed may be detained until the documents are completed.
- Financial penalties. Carriers who fail to comply with the new regulations could face fines of up to £1,000 per shipment. In cases of serious misconduct, fines can be higher.
- Risk of refusal of entry. Goods without proper documentation may not be allowed into the UK.
Impact of the new rules on the transport industry
The introduction of the ENS declaration requires the entire transport industry to adapt. This is because everyone must:
- Include additional time for document preparation.
- Implement IT systems and staff training, which may involve additional expenditure.
- Ensure that all the data he enters is correct, thus avoiding problems at the border.
How to prepare a transport company for the new requirements?
To avoid complications with the ENS declaration, it is worth taking the following steps:
- Ensure that administrative staff and drivers are familiar with the new procedures.
- Invest in software that allows you to submit ENS declarations quickly and efficiently.
- Consult with customs and logistics advisors who can help you adapt your processes to the new regulations.
Summary
The ENS declaration is a key element of the new regulations applicable from 31 January 2025 for transports to the UK. Haulage companies should prepare for the changes now by implementing appropriate systems and training staff. Failure to comply with the new requirements could lead to delays, financial penalties and even loss of contracts.
Are you interested in our article? See what else will change on the issue of waste shipments to the UK.
