News / Fifteen EU member states need delay to full ICS2 implementation

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UPDATED 15.00 BST TO INCLUDE CLECAT COMMENT

Next Monday’s deadline for the third phase of the EU’s Import Control System 2 (ICS2) for road and rail has reportedly been postponed by 15 member states. 

The EU granted an extension to 1 September for full compliance of ICS2 for road and rail, following an initial deadline of 1 April – but it appears several member states are not ready. 

CLECAT, the European Association of Freight Forwarders, had already urged the European Commission to grant a non-enforcement period for the 1 September implementation of ICS2 Release 3 for road and rail carriers, warning of serious blockages at European land borders.

It pointed to an example of a truck travelling from Turkey to Germany via Greece, Bulgaria, Serbia and Hungary which would file one declaration at departure – but from Monday, the driver must also file ICS2 declarations upon first entry into the EU in Greece and again when re-entering in Hungary.

CLECAT said: “The misalignment between ICS2 and the New Computerised Transit System (NCTS6) rollouts, combined with frequent ICS2 outages and the high number of filings already processed from air and maritime carriers, creates serious risks.

“Land borders, unlike seaports and airports, have far more limited physical capacity and can be congested by just a few delayed trucks. Practical challenges unique to road and rail, such as split loads, the prevalence of small carriers, and the need for a multitude of non-EU operators to register in EU systems, were clearly overlooked when assigning the same deployment timeline to all modes of transport.”

As a result, it had asked the EU to postpone the road and rail rollout. However, the Commission instead asked Member States to request individual derogations by 15 August – which 15 states did.

While the Commission outlined guidance on how to deal with the “patchwork of readiness”, said CLECAT, “operators across Europe report this information is inadequate to ensure compliance by 1 September, raising fears of major disruption at land borders”.

CLECAT added: “With just days to go, it is clear neither trade, nor authorities are prepared for this next phase of ICS2. Furthermore, the implementation of multiple filing for rail and road should be ensured at the earliest point in time, to end discrimination of economic operators using rail and road transportation services / multi-modal transports, as current full ENS filings do not meet the operational requirements of LTL and groupage transports, nor are rail operators capable to receive and process house level filings.

“CLECAT therefore urges the European Commission to provide clarity and supply chain security by announcing an official six-month non-enforcement period, as was granted to the air and maritime sectors under ICS2. 

“The European Commission should act without delay and announce a six-month grace period at EU level to avoid fragmentation, ensure legal certainty and prevent disruption to European supply chains.”

The bloc noted: “All EU member states have deployed ICS2 for all means of transport, including road and rail traffic, on time. However, some have requested to be granted a temporary derogation … to allow road and rail economic operators a longer transition to the use of the ICS2.” 

Those 15 countries are expected to be fully compliant by the end of the year. 

The countries which have delayed full implementation are: Austria, Belgium, Croatia, Finland, France, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Poland, Romania, Slovakia and Spain. 

However, in Bulgaria, Cyprus, Czechia, Denmark, Estonia, Germany, Greece, Malta, Netherlands, Portugal, Slovenia and Sweden, economic operators must file Entry Summary Declarations (ENS) for goods moving into the EU by all modes, before arrival, from 1 September. 

Carriers, freight forwarders or customs brokers can file the ENS, which must include the EORI number for the consignee, a six-digit HS code, and a detailed description of the goods. 

“ICS2 Release 3 is an important step in strengthening supply chain security in Europe,” explained Bryn Heimbeck, president and co-founder of Trade Tech. 

“The decision to allow postponements has created different timelines across the EU, which can be challenging for participants to navigate.” 

For those that fail to comply, “goods will be held at the border and not cleared by customs”, noted Transped. “Incorrect declarations may be rejected or subject to intervention, which could lead to penalties.” 

Forwarders have struggled, despite being “diligently prepared”, according to Nicolette van der Jagt, director general of CLECAT. 

In March, she warned: “Despite preparation, freight forwarders have encountered significant challenges.  

“Technical complexities have posed considerable obstacles, particularly regarding system integration and compatibility with new ICS2 requirements. The level of support from national authorities’ help desks has often been insufficient, or delayed, complicating efforts for timely compliance.” 

She noted that these “shortcomings” had resulted in delays, due to extended timelines enforced by carriers and, in some cases, operational disruption, including refusal to load cargo. 

ICS2 is an advance cargo information system designed to improve security in the international transportation of goods, according to the EU.  

“ICS2 helps to better identify high-risk consignments and intervene at the most appropriate point in the supply chain, while facilitating legitimate flow of goods.”