Issue no. 19 December 2023
Belgian Freight Forwarding Association
www.forwardbelgium.be
And there it is, the next EU Customs Code! The fight against drug crime
IN T E R V IE W | IN P ICT UR ES | N EWS FROM TH E COMMITTEES
Interview
Olivier Schoenmaeckers
Focus
Happiness.be To say that 2023 was a special year for FORWARD Belgium would be an understatement. The result of countless months of intense preparation, accompanied by plenty of stress and sleepless nights of course, was a memorable FIATA World Congress in Brussels. These were intense days that seemed to pass in the blink of an eye, and looking back we do have to ask ourselves if we took enough time to simply enjoy ourselves. ‘That was just the beginning of this week-long congress that had participants glued to their seats. The catchphrase “The changing climate of logistics" perfectly conjured up a congress where everything had changed before it even started. Well, it didn’t spoil FIATA 2023. Everything, really everything, was brilliant, starting from the opening ceremony, which kicked off the public part of the congress. No more rust, just smiles and dancing on Thursday Oct 5th at the magnificent Gala Dinner held at the Auto World Museum. Unlike the many classic cars on display that remained silent on the lower floor, younger and older FIATA delegates ate, drank and boogied with passion upstairs. They experienced a sense of community that had been absent in recent times due to many circumstances over which they had no control.
Colophon Brouwersvliet 33 / Box 1, 2000 Antwerp (Belgium) Tel +32 3 233 6786 info@forwardbelgium.be www.forwardbelgium.be Published by: Olivier Schoenmaeckers Administration: Ines De Bruyn Marketing: Vanessa Thys Change of address: Ines De Bruyn, ines@forwardbelgium.be Editors: Veerle Van Beeck, Olivier Schoenmaeckers Pre-press:
Different challenges and important responsibilities need to be met by younger and older freight forwarders in the changing climate we live in. It was interesting and informative, and the audience followed with great interest, but the best was yet to come: fulfilling the need to show how digital and real come together in our minds in the modern world as never before, the speechless FIATA audience witnessed a combination of inventive storytelling, state of the art audio-visuals, inspiring ballet, and also parcels, trains, ships, travel, logistics, all in a perfect tempo that left them both amazed and amused. The modern ballet show, combined with Luna's dream story to build a flying machine projected on the screen, was pure art: happiness.be. It was an opening that definitely went with a bang, one of the best I remember." 'Running, jumping, flying, diving, falling, getting up and carrying on'..., I can’t think of a better description when I recall the chair of the Belgian Congress Committee, Marc Huybrechts, during the whole week in Brussels. Such selfless dedication and commitment over the past 2 years for the Belgian freight forwarding community; it deserves nothing less than the utmost respect and gratitude on behalf of FORWARD Belgium! It was an intense and sometimes emotional collaboration, that left an enormous sense of satisfaction. We wish the next Belgian conference organiser the best of luck... although we’ll have to wait another 30 years or so...
And there it is, the next EU Customs Code! Even though the European member states are still in the process of rolling out the Union Customs Code (UCC) legislation that took effect in 2016, the European Commission is already putting an ambitious reform proposal of EU customs legislation on the table. This will undoubtedly have a big impact on customs representatives. In October 2023, moreover, the CBAM transition phase started. Both these initiatives raise questions. We put them to Dimitri Sérafimoff, Customs Support Director in Belgium. Some context: within the European professional umbrella
Reform of EU customs legislation
federation CLECAT, FORWARD Belgium represents the
In the period since 2016, the European Commission de-
interests of Belgium’s freight forwarders and customs rep-
termined that the modernisation and computerisation of
resentatives. Since 2020, Dimitri Sérafimoff has also been
EU customs legislation had to accelerate. Only logical,
the chair of CITI (Customs & Indirect Taxation Institute),
as we live in a world in which economic models (such
one of the seven CLECAT institutes. That means he’s the
as e-commerce) and geostrategic events (war in Ukraine,
ideal person to clarify two hot items that affect our indus-
etc.) are constantly changing. ‘A team of wise minds un-
try: EU Customs Reform and CBAM.
related to the world of customs drew up 10 recommen-
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allowed to release and transfer its goods itself without
be based on where the declaration is filed, but on the
If the import declaration is carried out by a direct repre-
a comprehensive package, intended to be considered
transit declarations) but at the same time, the conditions
country where the Trust and Check importer is based.
sentative, the importer is responsible for reporting the
as a whole,' Sérafimoff said. ‘The Commission extract-
for obtaining this status will be tightened. We wonder
This could have a significant impact on the location of
CBAM goods. In the case of indirect representation for
ed the essential elements from this to create the current
if the European Commission has a realistic view of the
Customs Competence Centres, and result in some shifts.
non-EU clients, the responsibility lies entirely with the
proposal for reform. It still has to be further elaborated
companies eligible for this status, and we have consid-
In this case, the collection rights will also shift, from
customs representative.
and voted on. The professional federations therefore still
erable reservations about the proposed all-or-nothing
Member States with ports and airports to countries
have an opportunity to give some input, even though the
approach. We therefore advocate that specialised know-
where many importers are located.
Commission is driving through the reform at quite a pace
how, which customs representatives usually already pos-
this time.' As professional federations operating at the
sess, continues to be put at the service of both large and
CBAM
European level, we can advocate from our perspective
small companies. We will certainly carry on conveying
Another case that is affecting the sector is the CBAM
Commission doesn’t clearly explain how this should be
during the periodic Trade Contact Group meetings with
our concerns about this to the European Commission.'
(Carbon Border Adjustment Mechanism). Even before
done, and that isn’t the only moot point.
As an indirect representative, you can decide to accept customs responsibilities but not CBAM responsibilities. If you do, you have to inform the importer. However, the
the start of the transition phase, Sérafimoff has a number
the Commission.
Customs Reform in a nutshell - From 01 March 2028, the exemption of import duties up to €150 for e-commerce (for B2C only) will be
Some clarification. An AEO-licensed customs
of questions: ‘We tried from the outset to convince the
representative works on behalf of a non-
European Commission that CBAM reporting is not a core
Public Health, there’s a long list of questions and uncer-
AEO-licensed importer. In this situation, at
task of a customs representative. To no avail, as the Com-
tainties regarding how customs representatives should
the moment the importer basically enjoys the
mission is sticking to its plan. In the first place, we need
deal with CBAM. We’re still waiting for clarification
benefits of its service provider status. Under
access to the data, and we wonder whether this data is
This is another area where we have work to do in our
the new proposal, eligibility for T&C status
even correct. How can we check it? How can this data be
role as a professional federation. Let’s not forget that, in
and enjoyment of the associated benefits will
obtained when trading or reselling?
principle, reporting has to start already in January 2024.'
scrapped, and there will be more responsibilities for
depend on acting as a direct or indirect rep-
e-commerce platforms within the B2C model.
resentative, and the certification status of the
Currently, both at the European level and within the FPS
importer being assisted. This leads to absurd
- An EU Customs Data Hub will be set up, managed
situations that do not benefit the importers
at European level, to replace national declaration
themselves, and disregards the added value
systems. Economic operators will have to share the data of all their import/export transactions in this hub.
er. In the case of indirect representation, the
- New Trust & Check status for operators to replace
- Reduction of the storage period of RTO, initially to 3 or 6 days, since amended to 30 days.
The new proposal will also place more responsibilities on the shoulders of the import-
- A European Customs Agency will be set up
customs AEO.
of our industry.
customs representative remains responsible, including for a range of non-fiscal responsibilities such as child labour, smuggling, deforestation, CBAM, etc. We’re requesting further clarification on this.
European Customs Agency (ECA) The EU will set up the European Customs Agency as an overarching entity by 01 March 2028. It will provide support to member states, be responsible for EU risk and crisis
AEO and Trust & Check Trader
management, review processes, manage inspections,
The CITI chair also explains the Trust & Check Trader
oversee audits, administrate the data hub, etc. The goal
statute. ‘The AEO status issued by customs will expire
is to create a level playing field for all member states.
at the end of 2037, when it will be replaced by Trust & Check Trader status. The idea is that it will be more
To conclude, we also see an impact on the jurisdiction of
advantageous (e.g. a Trust & Check importer will be
national customs offices. This jurisdiction will no longer
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FORWARD Goals for sustainable development In 2021, the Sustainability Committee launched a sustain-
FORWARD Belgium’s ambition with
ability label for freight forwarders, customs agents and
this initiative is to position the Bel-
logistics service providers. The label was given the name
gian logistics community as providers of sustainable lo-
‘FORWARD Goals for sustainable development’ and has
gistics solutions.
its own logo. FORWARD members who obtain the label can show their Companies that can demonstrate their commitment to
customers how important sustainable business practices
the SDGs through concrete actions taken within their
are to them. Moreover, in the midst of the ongoing labour
company qualify for this label, which distinguishes itself
shortage, it is an asset for attracting young talents.
from other certifications or similar sustainability charters by its low threshold – it does not involve any heavy pro-
If you would like to participate and receive an award and
cedures or audits. Instead, a company visit, video or pre-
certificate, contact the FORWARD Belgium secretariat for
sentation is used to assess whether the proposed actions
more information: info@forwardbelgium.be
meet the 17 SDGs.
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News from the committees
Interview
dations at the request of Ursula von der Leyen. It was
assessment. In urgent cases, always call 112 whatever the
between seizing business opportunities and being alert
circumstance.
activities and procedures. If you come across a request or
A brochure was recently produced in collaboration with FORWARD, ASV and CEPA/Alfaport. What’s the idea behind it?
question that deviates significantly from the usual situation
That brochure is explicitly aimed at employees in the sec-
in your company, it could well be a red flag. For example,
tor, and for good reason. Until recently, drug criminals
a customer who proposes a transportation with no chance
mainly tried to involve dockers in their dealings, but we’ve
of turning a profit, or in an area they know nothing about.
noticed that they’re increasingly targeting office workers.
These are signals of potentially suspicious situations.
That’s because digital documentation is very important to
turning it into a witch-hunt. There’s no such thing as a onesize-fits-all approach; every company has its own specific
The Belgian national press reports news about drug virtually every day. We note that the war on drugs has had some remarkable successes in recent months. Record quantities of illegal drugs, especially cocaine, have been seized. On the other hand, criminals are becoming increasingly brazen in their actions. Can the companies in our sector help in the fight against this crime?
Can you give an update on the current situation in Antwerp? Everyone has probably already noticed that we’re scoring some significant successes in identifying cocaine trafficking and destabilising the drug world. In terms of seizures, we’re breaking record after record. Last year, we seized 110 tonnes of cocaine, and this record has already been broken again in 2023. Unfortunately, this also occasionally leads to
Many freight forwarders and customs representatives
drug-related violence. I’d like to say something about that.
have questions around the drug issue. What exactly can
Our detection methods may be more efficient, but it’s also
they do, and how can they increase awareness among
possible that it’s an indication in an increase in the overall
their employees? We sought the answers from an employ-
volume of smuggled drugs. On the other hand, criminals
ee in the drugs department at the Antwerp division of the
are likely to try different routes and ports in the near future.
Federal Judicial Police.
They are always searching for the path of least resistance.
working internally are in the best place to make the right
As a business leader, you have to strike the right balance to certain signals from customers or employees, without
How can the logistics sector help in the fight against drug crime?
ation, and varies from company to company. The people
them to transport their illegal wares.
And how do you identify suspicious behaviour within the company itself? out enormous sums of money, buys an expensive luxury
FORWARD and the Federal Judicial Police have had a good relationship that stretches back many years. Does it also deliver results?
car, goes out to eat at Michelin restaurants... you don't
We do regularly meet up to find out what’s going on and
have to be Sherlock Holmes to find that suspicious. Be
what we can learn from each other. The positive results of
careful though, the person might have just received a nice
our cooperation include the brochure you just mentioned
inheritance, so don't immediately assume they’re up to
and increasing awareness among HR departments on the
no good. In practice, several signals usually appear at the
intake of new employees. In the Poseidon project, sever-
same time. Someone with two mobile phones, a trusted
al partners collaborate on anti-corruption issues; another
employee suddenly making repeated, unusual mistakes, a
area where FORWARD and the Antwerp division of the
new member of the workforce strongly insisting on work-
Federal Judicial Police work alongside each other. We
ing on a certain type of traffic... all things that should get
hope to deepen the cooperation further in the future, as
the alarm bells ringing.
all parties are reaping the benefits.
If an employee on an average wage suddenly splashes
Can companies contact the Federal Judicial Police if they have questions? Of course, if there are sufficient reasons to find something or someone suspicious. Again, this depends on the situ-
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Interview
Interview
What can logistics companies do to address the problem?
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In pictures
In pictures
Relive the FIATA World Congress 2023
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News from the committees
New General Belgian Forwarding Conditions
2024
The current General Belgian Forward-
warder and its customer, both during
In any case, the 2024 General Belgian
ing Conditions date from 2005, so an
the pre-contractual stage and the exe-
Forwarding Conditions contain a num-
update was due given the new Belgian
cution of the contract. In this context,
ber of important provisions which cus-
civil law and contract law, economic law
the different market conditions in which
toms representatives can use in their
with B2B legislation and the different
FORWARD members currently operate
relationship with their clients.
economic conditions in which freight
are also taken on board, with amend-
forwarders, customs representatives
ments regarding the duty of disclosure,
An important reason for relying on the
and logistics service providers oper-
the doctrine of unforeseeability, current
2024 General Belgian Forwarding Con-
ate. The update also takes into account
risks, and responsibilities related to cy-
ditions is how effectively the new ver-
provisions and trends in neighbouring
bercrime, international sanctions, de-
sion can be applied to your customers.
countries.
murrage, waiting times, etc.
Here, the dual requirement of notice
The new 2024 version is still based on
Customs representatives, both those
customer acceptance (implicit or other-
the distinction between the capacity of
who operate independently and those
wise) remains applicable.
agent-forwarder and transport agent,
who are part of a wider forwarding
whose activities are delineated and
contract, are always advised to use
For information concerning this, please
have a different liability regime.
FORWARD’s standard customs repre-
contact the secretariat at FORWARD
sentation contract. Regarding tax rep-
Belgium.
(at the time of contract conclusion) and
The 2024 General Belgian Forwarding
resentation, we also recommend using
Conditions clearly take into account the
FORWARD’s standard tax representa-
rights and obligations of the freight for-
tion contract.
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