Confidential data could be disclosed with new EU shipper rules

Confidential data could be disclosed with new EU shipper rulesTHE World Shipping Council (WSC) along with others are opposing European Commission demand for advance cargo data reporting that requires the identity of the "buyer" and "seller".

The WSC has been joined in this by the European Shippers' Council (ESC), the European freight forwarders' association (CLECAT) and the European Community Shipowners Association (ECSA) in seeking further clarification from the commission.

Current plans to identify "buyer" and "seller" before vessel loading could lead to disclosure of sensitive business information, they said. 

The commission is now in the final stages of completing its proposals for advance cargo data reporting requirements as part of the implementation of the new Union Customs Code which is scheduled to be adopted in May and could then take effect as early as May 1, 2016. 

"Instead of getting it from the importer, like the US does, the commission's proposed regulation would require that this information be provided to the carrier or NVOCC, or in the alternative, to the "consignee", to be filed in an ENS [entry summary declaration] as a condition of vessel loading," said WSC. 

"WSC has consistently advised the commission that "buyer" and "seller" data may be business-confidential information, and that it is not appropriate to require its disclosure to ocean carriers/NVOCCs or to these parties' consignees, who may not be parties to the goods' sales contract."

WSC also noted that carriers' current documentation systems had no data fields to capture this information. 

"Exporters to the EU should recognise that they will be required to provide the identity of the buyers of their goods to their carrier or NVOCC or to their consignees prior to vessel loading, so that this information could be provided by the carrier or NVOCC in its required advance ENS filing."