News / ICS2 delay due to some EU member states not being ready for new regime

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Further details of the delayed implementation of elements of the EU Import Control System 2 (ICS2) have begun filtering out.

Correspondence provided by cloud-based compliance software provider Trade Tech, seen by The Loadstar indicates that, rather than firm dates, the EC had originally set an “at the earliest” timeframe for ICS2’s applicability to ocean shipments.

Its revision was purportedly driven by member states claiming insufficient time to prepare, due to delays in the system’s implementation for aviation, which began in 2021.

Now, deadlines for vessel operators to migrate to ICS2 are set for 3 June to 4 December 2024, with the deadline for house bill filers amended to 4 December 2024 to 1 April 2025 – the initial deadline for both was 1 March 2024.

Director of government affairs, Europe, for the World Shipping Council Damian Viccars told The Loadstar he would have preferred “a single, clear, communicable date for all parties”.

This, he said, would have included shippers, also required to prepare for direct involvement in ICS 2 processes, but he recognised that with the system’s complexity, “it became apparent that a single ‘big bang’ launch was not feasible”.

Mr Viccars said: “The new proposed approach provides a distinct deployment window for carriers, house filers and other transport modes. This will allow some flexibility for traders (in agreement with their EORI issuing member state authority) to decide when within that window to transition.

“The delay from 1 March to 3 June, on the other hand, does not provide much extra time for preparation.”

News of the delay became public after Trade Tech issued a statement referencing the delay, with the EC itself seemingly having failed to notify wider industry of its intentions.

Efforts by The Loadstar to find a direct official announcement confirming and providing a reason for the postponement drew a blank, Trade Tech president Bryn Heimbeck agreed: “You can’t find a clear announcement of delay from the EU.

“It’s a complicated organisation made up of 27 member countries and therefore 27 different customs agencies – imagine getting a sign-off from them for a delay announcement.”

Although ICS2’s introduction was largely welcomed by industry for its aim to provide “better quality data pre-departure”, its staged implementation process raised eyebrows, with the secretary general of the European Shippers Council, Godfried Smit, noting “it is not going smoothly”.

The first phase, for 2021, required air carriers, couriers and forwarders moving goods to or through the EU to file Entry Summary Declaration data before arrival at EU external borders. Its second phase introduced more data requirements and processes for those moving goods from third countries, although there were provisions for operators seeking a temporary delay on compliance.

Flexport’s UK customs manager, Jamie Houlihan, told The Loadstar, while welcome, ICS did bring “some challenges and a new way of working” for importers.

For its part, Trade Tech stressed it was committed to keeping its clients up to date on approaching deadlines for mandatory filing dates. Mr Viccars said with the latest amendments to the implementation period, it was imperative that all EU member states were ready to accept ICS2 filings from traders on day one.

This, he continued, would ensure economic operators did not have to be active in ICS1 or ICS2 at the same time – particularly important for maritime transport, where a single voyage can span ports in multiple member states.

He added: “The system will simply not work for either customs or traders with variable member state implementation dates.”