Air freight security: New information on the implementation of EU Regulation 300/2008

During the last days, the German Federal Office of Civil Aviation (Luftfahrtbundesamt, LBA) published further important and detailed information on the implementation of EU Regulation (300/2008) on air freight security. With this Cargo Update we would like to provide you with a compact and reliable overview about the upcoming changes affecting your air freight exports from Germany. We have now revised and complemented all previous information from March 2010 – as far as necessary and possible. Unaltered facts have been retained so that the end result for you remains one single self-contained source of information.

What are the most important changes?

Already known for some time is the omission of Known Shippers, as described in our Cargo Update from March 15, 2010: Up to now, the status Known Shipper (KS) with corresponding security status was approved by a Regulated Agent (RA). In more specific terms, you submitted your security declaration to DHL Global Forwarding, and DHL Global Forwarding, acting as RA, then approved the known locations of your company as KS .

As of April 29, 2010, this decentralised process will be replaced by a central approval procedure through the LBA. From then on, there will be no new KS's anymore, but Authorised Shippers instead. A central EU database listing and publishing all Authorised Shippers from all member states will be imlemented.

New details regarding warehousing and packaging companies as well as road freight transportation providers were announced:

April 29, 2010, all Known Subcontractors (KSC) will loose their status. There will be no status called KSC any more.

What about road freight transportation providers that operate supply services for you?

These have to submit a transportation declaration that replaces the previous KSC declaration. Any additional descriptions, training certificates and driver lists remain valid and their use will be continued in an unchanged manner. (Note that identification of the driver is now made easier via the driver's licence number which was not allowed previously.)

What about warehousing and packaging companies operating as Known Subcontractors (KSC) for you?

The LBA settled for a pragmatic transitional solution for these cases: Your service provider gets approved as a Known Shipper by DHL Global Forwarding and then files an application as Regulated Agent at the LBA. This application should be filed promptly as it is not clear yet if the three-year transitional period will also apply for this special constellation.

The application can be submitted informally to the LBA. Requirements include, amongst other details, the appointment of a security representative, employee training and the compliance to certain security standards both regarding shipment processes as well as perimeter protection. Details are listed on the LBA web site (www.lba.de).

How will shipment processes change for existing clients?

There are no changes since our last Cargo Update from March 15, 2010. Thus, the recommendations already given are still valid:

If your current security declaration as Known Shipper (KS) is valid beyond April 29, 2010, it will keep its validity. It is expected that the LBA will release a transitional regulation during May or June 2010 so that all KS declarations that are valid at that cut-off date remain valid for the complete transitional time until March 25, 2013. Details on the extension procedures of existing KS declarations during the transition period are yet to be announced by the LBA. Again, we will keep you informed on this matter.

In case your current security declaration is not valid beyond April 29, 2010, please send us a new declaration as soon as possible so that you can make use of this transitional regulation. If you have any questions, please contact your local DHL Global Forwarding office to jointly agree on the necessary procedure.

If you already use our services without any security declarations and would like to continue so, there are no changes for you. If you, however, wish to profit from the simplified and cost-effective processes of the KS status, please send us your security declaration in due time before April 29, 2010.

If your company plans to set up new forwarding locations in the next months or to start commissioning DHL Global Forwarding for services at existing locations, again it is advisable that you precautiously submit a security declaration to us that we will then approve. Thus, your status as a KS is secured and no new application needs to be filed in case that any actual transport services are ordered.

Please note that a separate security declaration for each operational site, or one central security declaration listing all operational sites, is mandatory.

What are the changes for new customers?

Again, there is no new information since our last Cargo Update from March 15, 2010:

After April 28, 2010, you do not submit a security declaration to us, but instead apply for your approval centrally at the LBA. Forms and procedures are to be provided by the LBA within the next days; for the time being please submit formless applications. After the approval procedure – including on-site auditing – has been completed, your approval becomes effective as it is published on the already mentioned EU database. This way, it is insured that your shipment might be handled with “Secured” status (SPX), avoiding cost- and time-consuming X-ray screening. Prior to approval, the “not secured” status applies.

Once again, we explicitly point out the possibility to precautionary sign a security declaration with DHL Global Forwarding prior to April 28, 2010. This way you ensure that you can access our services at any time without any adverse effects due to security measures. In particular, you should consider this possibility if you plan to contract out any export volumes within the next months. With this security declaration you are independent from being approved as a Known Shipper at the LBA – that you of course can apply for separately – during the full three-year transitional period.

Please also contact your local DHL Global Forwarding office. We will be happy to resolve any open questions.

How to proceed?

Here, we can only repeat our suggestions from March 2010:

Please renew your security declaration if necessary (see deadlines above) or submit new security declarations for any future forwarding locations, so that we together can make best use of the present methods during the transitional period.

Please note the following requirements on applications as Known Shipper:

• You must exclusively use the Security Declaration of the Known Shipper (Sicherheitserklärung des Bekannten Versenders, SiBV) of the LBA, online at www.lba.de.
• This original document has to be signed, both from the Known Shipper (KS) as well as the Regulated Agent (RA).
• The signer of the security declaration has to be authorised and the signature must indicate his power of sign (e.g. CEO, p.p.).
• Power of attorney according to German Commercial Code is not required.
• Please note the complete references as given on the form and on the LBA web site.

In case of any questions, or if you plan to open any new locations or change your service provider after April 28, 2010, please kindly approach your contact person at DHL Global Forwarding.

Let us both make sure that our processes will continue to be safe and reliable after April 28, 2010, at the same time avoiding any unnecessary measures to meet the new security standards. Together, we will be able to keep the familiar high service level that DHL Global Forwarding is known for – under the new EU regulation.

Sincerely yours,

DHL Global Forwarding

Thilo Specht
Vice President
Marketing & Sales
Germany

Christian Stingl
Vice President
Air Freight
Germany

Dr. Jürgen Klenner
Vice President
Strategy & Program Management
Air Freight Security Germany