FORWARD magazine december 2023 - EN

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.

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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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