The magazine of the Issue: 306 British International ... · British International Freight...
Transcript of The magazine of the Issue: 306 British International ... · British International Freight...
February 2016 www.bifa.org
The magazine of theBritish InternationalFreight Association
BIFAlinkIssue: 306
Follow us @BIFA
6: NewsRevisions to ‘O’licence operatorrequirements
8: Policy &ComplianceWhen should youconduct pre-employmentchecks?
14 Good PracticeA guide to sub-contracting
17: Policy &ComplianceThe UCCimplementationcountdown
INSIDECelebratingsuccess –The Freight Service Awards 2015
– See pages 10-13
3
Robert Keen’s Column BIFAlinkwww.bifa.org
February 2016
Firstly my congratulations to the winners at our Awards Lunch on 21 January where we
had a record attendance at our regular venue, The Brewery in Chiswell Street, London.
As usual we saw some great work by BIFA Members showcased in front of the trade
media demonstrating the extraordinary diversity of tasks the industry undertakes. The
extra attendance was in part aided by new award categories as we moved to keep
pace with the language and terminology that has evolved in the sector. The new ‘Extra
Mile’ award was heavily subscribed, giving the judges a difficult job in eventually
picking a winner.
Whilst we at the Secretariat read all of the entries received, it is the event sponsors
and some independent judges that make the decision on who wins each main award.
Quite often we will see an entry that we think is great only for the judges to go in a different direction. Although
there can only be one winner we are constantly reassured about the vitality of the industry from the excellent
submissions we receive. Keeping abreast of industry activity is also vital for us when representing your role to
government departments, NGOs and other influential industry-related bodies. So a big thank you for all the
work you put in to provide top quality case studies for the Awards.
Hopefully you have either already attended, or booked to attend, one of our regional UCC/SOLAS seminars.
Robert Windsor, who heads our Policy and Compliance role, has been getting out and about to tell BIFA
Members about these two big events – the implementation of the Union Customs Code in May and the
Verification of Container Weights in July. We held a national event for 150 people in London last November and
an event in Essex for 120 people at the end of January. If you look at the events section of the website you will
see the locations that we are presenting in from February onwards. The great thing about these seminars is that
you get top quality information from BIFA free of charge. We see plenty of seminars organised by commercial
concerns with ticket prices anywhere from £150 to over £2,000. Always remember that your membership
subscription gives you access to BIFA staff that cover all of the important areas for the industry.
Reading the International Chamber of Commerce (ICC) Commercial Crime review of 2015, the need for better
quality due diligence cannot be over-emphasised. The ICC International Maritime Bureau has noted an 11% rise
in enquiries regarding false bills of lading, fake and spoofed websites together with cloned websites. We have
received enquiries from BIFA Members who, having found an overseas company on the internet and struck a
deal, have been ‘held to ransom’ for release of original bills of lading. As I have said before, we could almost fill
BIFAlink with scam information and to borrow a term from social media, there are a couple of frauds trending at
present. The first is where invoices are sent by e-mail to an accounts department seeming to have come from
the boss saying “pay immediately” – but the e-mail address has been spoofed. The second affects websites
where people sell goods. A pretend overseas buyer expresses interest and asks the seller to pay a fee via
Western Union to a scam company (interestingly called BIFA Removals) that will supposedly collect and ship
the goods. The fee will be added to the sale price but of course it is not, and some people affected are then
calling us. It is quite tough dealing with someone who has fallen for a rip off.
To conclude, many thanks to the communications from retired BIFA Members who still receive the magazine.
Reading some of the names of Member companies that no longer exist recently sent me on a search of Google
for Cazaly Mills. I located a 1966 edition of Flight International with a directory of air freight forwarders scanned
to its archive and I was amazed by the number of companies listed from when I started in 1970 that I had
forgotten. One day we ought to go through our archives and add up how many companies we have represented
over the years!
BIFAlink is the official magazine of theBritish International Freight AssociationRedfern House, Browells Lane, FelthamTW13 7EP Tel: 020 8844 2266Fax: 020 8890 5546 Web site: www.bifa.org E-mail: [email protected] A company limited by guarantee.Registered in England: 391973. VAT Registration: 216476363Director GeneralRobert Keen [email protected] Policy & Compliance Robert [email protected] & Compliance AdvisorMike [email protected] Services ManagerSpencer [email protected] Co-ordinatorSharon [email protected] ControllerJane [email protected] Published byPark Lane [email protected] Keen, Robert Windsor, Mike Jones,Spencer Stevenson, Sharon Hammond,Becky ThurtellRegional Consultants to BIFAScotlandJim McCall [email protected] West, Midlands & Northern IrelandPaul Young [email protected] East (Humber, Yorkshire, TyneTees)Geoff [email protected] (London West, Solent, SWEngland & S Wales)Colin Young [email protected] London East, Anglia, South EastPaul Newman – [email protected]
Subscription rates: UK £40Rest of the World £52
Please be advised that BIFA DOESNOT OFFER LEGAL ADVICE. BIFA isnot a law firm and the authors of thispublication are not legally qualified anddo not have any legal training. Theguidance and assistance set out hereinare based on BIFA’s own experiencewith the issues concerned and shouldnot be in any circumstances regardedor relied upon as legal advice. It isstrongly recommended that anyoneconsidering further action based on theinformation contained in this publicationshould seek the advice of a qualifiedprofessional.
A celebration of our industry diversity
Robert KeenDirector General
4
News DeskBIFAlink
February 2016
www.bifa.org
PORTSIDE
Associated British Ports (ABP)
invested over £4 million in new
cargo handling equipment and
operational improvements at its
South Wales ports during 2015.
To ensure Europe’s lorry drivers
comply with a project that reduces
freight congestion in the centre of
Dover, Highways England and the
Port of Dover have produced a
leaflet in 10 languages to explain
the traffic management measures
on the A20 approach to the town.
ON THE OCEAN
The container shipping industry
should brace for losses in 2016,
according to the latest Container
Forecaster report released by global
shipping consultancy Drewry. This
will have a negative knock-on effect
on the heavy lift and multipurpose
sector.
The global shipping industry,
represented by the International
Chamber of Shipping (ICS)
throughout the United Nations
Climate Change Conference,
welcomed the ‘Paris Agreement’,
adopted unanimously in December
2015 by 195 nations. The industry
remains committed to ambitious CO2
emission reduction, bringing down
CO2 per tonne-km in the world
merchant fleet by at least 50%
before 2050 compared with 2007.
DFDS is scheduled this month to
introduce the two ex-MyFerryLink
vessels it has leased from
Eurotunnel on the Dover-Calais
crossing in a move that will enable it
to move from a two-vessel to a
three-vessel operation on the key
UK-France route.
OVERLAND
UK hauliers reacted angrily at the
start of the year when plans were
announced to construct a new
migrant camp at Dunkirk, 30 miles
from Calais. UK-bound drivers
wishing to avoid stowaways and
delays at Calais had switched
operations to Dunkirk.
Eurotunnel’s Le Shuttle Freight
service had a record year in 2015,
carrying more than 1,464,880 trucks
in both directions between
Folkestone and Coquelles – the
highest level of traffic generated
since the start of commercial
services.
GB Railfreight has run the first
intermodal train between
Birmingham and the Port of
Liverpool. Eight flat wagons were
transported from Maritime
Transport’s Birmingham Intermodal
Freight Terminal (BIFT) at Birch
Coppice to the Seaforth Container
Terminal.
The Office of Rail and Road (ORR)
has accepted commitments offered
by Freightliner Limited and
Freightliner Group which will help to
strengthen competition in the rail
freight sector following a 2013
investigation. ORR’s preliminary view
was that arrangements between
Freightliner and its customers may
be restricting competition with other
rail freight operators for the shipping
of goods between ports and key
inland destinations.
A measure of the desperation faced
during Operation Stack last summer
is reflected in the list of sites for
emergency lorry parking considered
by the Department for Transport.
According to the Kent Messenger,
the shortlist included the car park at
Ebbsfleet Eurostar station, former
army bases at Folkestone,
Canterbury and Chattenden, the
Port of Ramsgate and even Kenley
Aerodrome in the Surrey hills.
IN THE AIR
The International Air Transport
Association (IATA) has released data
for global air freight markets showing
air cargo volumes, measured in
freight tonne kilometres, were down
1.2% in November 2015, compared
with November 2014. Total cargo
volumes, however, expanded
compared with October 2015, and
were higher than the low point in
August.
According to the Journal of
Commerce magazine, the
International Air Transport
Association will urge member
airlines to prepare for a possible
surge in air freight volumes caused
by potential disruptions when the
new container weighing
requirements are implemented
globally from July.
IN BUSINESS
An HSBC analysis concludes that
global trade is set for a moderate
recovery in 2016. Expectations are
that the demand from developed
economies will pick up, the trade
slowdown in China, Russia and
Brazil will be “cyclical” rather than
“structural”, and the expansion of
intra-Asian trade and further trade
liberalisation will provide forwarders
with a major boost.
Ian Matheson, from Impress Communications, reviews some recent news that might impact on Members’ business
ABP invests £4 millionin South Wales ports
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simplifying the supply chain
6
News DeskBIFAlink
Beverley Bell, the Senior Traffic Commissioner for the
UK, published a revised set of statutory instruments
on 14 December 2015.
The documents were reviewed to meet the traffic
commissioners’ (TCs) strategic objectives of reducing
the burden on compliant operators, targeting those
who put road safety at risk and achieving more
consistent outcomes when dealing with the conduct of
professional drivers.
The documents have been revised following
consultation and cover key areas of the operator
licensing regime and traffic commissioner decision-
making. The changes will introduce:
• A streamlined process for direct transport manager
replacements and additional nominations,
• For the first time, a role description for transport
managers and what they are expected to do,
• A new approach to transport manager working
hours,
• Extended delegations so that traffic commissioner
staff can take more decisions on behalf of the TCs,
• Quicker decision making, communications and
greater guidance for dealing with incomplete
applications,
• Processes to take less serious cases out of public
inquiry listings, meaning that tribunal resources are
targeted at the serially non-compliant,
• New guidance on driver conduct, including case
studies that operators can use to train and educate
employees.
The revised guidance took effect on 1 January 2016.
More information can be found by contacting the Office
of the Traffic Commissioner, Suite 6, Stone Cross
Place, Golborne, Warrington, WA3 2SH.
Revisions to ‘O’ Licenceoperator requirements
HelpingBritain towork well The Health and Safety Executive
(HSE) is proud of the UK’s safety
record – it is one of the best in
the world. Forty years after the
introduction of the Health and
Safety at Work Act, the number
of deaths and injuries at work
has reduced dramatically.
Getting risk management
correct is an enabler for
productivity, innovation and
growth, and is integral to business
success as well as the well-being
of workers. Improving this record
is now the challenge.
The HSE has identified six key
areas to focus on:
1. Promoting broader ownership
of workplace health and safety;
2. Highlighting and tackling the
burden of work-related ill
health;
3. Supporting SMEs with
straightforward advice that
helps them work well;
4. Enabling productivity through
proportionate risk management;
5. Anticipating and tackling new
health and safety challenges;
6. Sharing the benefits and
successes of Britain’s approach
to health and safety.
Events have been planned in
seven cities during January and
February, more information is
available at:
www.hse.gov.uk/strategy . You
can follow the conversation on
social media #HelpGBWorkWell.
February 2016
www.bifa.org
Regional OpportunityBIFA is seeking an independentconsultant to represent it inScotland, Northern Ireland andNorthern England.
email [email protected] for full details if you are interested.
BIFA was advised by HM Revenue &
Customs (HMRC) in early January
that Turkey is refusing to accept
A.TRs which do not have an original
wet signature and stamp in boxes
12 (Customs Endorsement) and 13
(Declaration by the Exporter), and
are returning all such movement
certificates for verification.
They are likely to adopt the same
stance on EUR1s. HMRC reminded
the Association that there is no
legal basis for electronic preferential
certificates of origin and the
importing country has the discretion
whether to accept them.
Therefore please note that
electronic A.TRs and EUR1s are not
to be issued for goods for export to
the following list of countries:
Switzerland, Israel, Mexico, Norway,
Iceland, Liechtenstein, Croatia,
Egypt, Lebanon and Turkey.
The British Chambers of
Commerce has been advised of this
issue by HMRC and should endorse
documents as requested by trade.
Problems with electronic movement certificates
7
News Desk BIFAlinkwww.bifa.org
February 2016
Trade opportunities openin Iran after sanctions lift
The Implementing and Delegating
Acts supporting the Union
Customs Code, which will be
implemented on 1 May 2016, were
published in the Official Journal of
the European Union L343, dated
29 December 2015.
Commission Delegated Regulation
(EU) 2015/2446 of 28 July 2015
supplementing Regulation (EU) No
952/2013 of the European Parliament
and of the Council as regards detailed
rules concerning certain provisions of
the Union Customs Code.
Commission Implementing
Regulation (EU) 2015/2447 of 24
November 2015 laying down detailed
rules for implementing certain
provisions of Regulation (EU) No
952/2013 of the European Parliament
and of the Council laying down the
Union Customs Code.
More information on the UCC
and the resultant changes can be
found on BIFA’s website at
www.bifa.org/information/union-
customs-code-ucc-aeo
Both the European Union and the
US lifted many trade sanctions
against Iran on 16 January 2016
following a report by the
International Atomic Energy
Agency confirming that Iran had
fulfilled its obligations under the
Joint Comprehensive Plan of
Action (JCPOA) in respect of its
nuclear enrichment programme.
A number of financial and
economic activities with Iran are
now permitted, although some
restrictions remain – details can be
found in the Notice to Exporters:
2016/05
http://blogs.bis.gov.uk/exportcontro
l/uncategorized/notice-to-
exporters-201605-eu-ends-econom
ic-and-nuclear-related-sanctions-
against-iran/
Implementing and Delegating Acts forthe Union Customs Code published
OBITUARIESRichard Taylorand Brian WhippyThanks to Fred Osborn for
letting us know that Richard
(Dick) Taylor, who worked for
Pandair in the 1960s, passed
away on 1 January.
Also, thanks to Charlie Milligan
of Sea Avia who has let us know
that Brian Whippy recently passed
away after a short illness.
Brian joined the industry in the
late 1960s and previous to Sea
Avia was at PEL Agencies for
some years.
Annual BIFAsubscriptionsreminder!By now you should have received
your annual membership renewal
pack and subscription invoice
from us. Please ensure this
receives your prompt
attention/action in order to ensure
that your company details are
kept up to date, membership
costs are kept to a minimum and
membership of BIFA continues
uninterrupted for another year.
Please contact Jane Robinson,
Membership Supervisor, or
Spencer Stevenson, Member
Services Manager, at the
Secretariat if you have any
questions:
020 8844 3635
020 8844 3634
By sea – Hague Visbyrules (2 SDR): £1.96 per kg£652.37 per package
By road – CMR (8.33 SDR): £8.15 per kg
By air – MontrealConvention (19 SDR):£18.59 per kg
By air – WarsawConvention (17 SDR):£16.64 per kg
BIFA STC: (2 SDR):£1.96 per kg
(The SDR rate on 21 January 2016,according to the IMFwebsite, was 0.97855)
Pre-employment health checks –
ignore them at your peril. With the
recent inquest and outcome of the
Glasgow City bin lorry disaster still
fresh in many peoples’ minds,
employers should be aware of their
obligation to ensure that they have
in place the relevant regulatory
safeguards to prevent harm being
done to fellow employees or
members of the public by their
workers.
The introduction of certain
provisions of the Equality Act made
many employers nervous about the
whole question of enquiring about
the health of a prospective worker.
Such questions should not
generally be asked with a view to
deciding whether to make an offer
of employment.
Health checks
However, it is imperative that they
are asked prior to employment
being taken up by an individual and
therefore any offer may be subject
to the relevant health checks being
undertaken. Section 60 of the
Equality Act sets out a general
prohibition of the employer’s ability
to ask about an applicant’s health
before offering work. Section 60(6)
provides certain exceptions to this
prohibition.
You as an employer are entitled to
ask questions that are “necessary
for the purpose of establishing
whether the applicant would be able
to carry out a function that is
intrinsic to the work concerned”. Do
not forget that the duty to make
reasonable adjustments will also
apply if the individual has a disability
and should be taken into account
when deciding whether the
individual can carry out the intrinsic
functions of the role.
Some employers will check the
health position of an employee
once they have commenced
employment. This might be too late
if a catastrophic event or accident
were to take place subsequent to
the employee commencing
employment but before being
subject to any health screening. It is
also not unusual for employers to
allow employees to commence
employment not only without
undergoing any relevant health
screening, but also without
obtaining relevant references or
confirming qualifications.
For employees who are involved
in safety-critical roles, it would be
advisable to consider whether the
exception under section 60(6) of the
Equality Act applies, or at least to
ensure that any employee is subject
to a full health screen (including
historic health issues that may
require obtaining relevant doctors’
medical records) prior to
employment commencing.
Glasgow City Council appears to
have said that it did all that it could
when employing Mr Clarke by
asking him about his current state
of health, claiming that it was only
by reason of the fact that Mr Clarke
lied in his response that he was
successful in gaining employment.
Regular screening
However, in line with DVLA
requirements, HSE suggests
employers screen all existing and
potential workplace transport
operators for fitness before
employment and at five-yearly
intervals from age 45.
Depending on the employee’s
role, this level of screening might
also be necessary in other
positions, such as operating
machinery. As referred to in last
month’s BIFAlink review of three
health and safety accidents – two
including forklift operations – this
could easily be extended to include
operators of such equipment.
BIFA would like to thank Matthew
Potter of Birketts Solicitors for
allowing the publication of his
original article.
HSE suggests that employers screen all existing and potentialworkplace transport operators for health and fitness beforeemployment and at five-yearly intervals from age 45
February 2016
www.bifa.org
8
Policy & ComplianceBIFAlink
When should you conductpre-employment checks?
10
EventsBIFAlink
February 2016
www.bifa.org
Celebrating successBIFA’s 27th staging of the Freight
Service Awards ceremony luncheon
was as lively as ever with over 500
guests attending. The event was
held at its traditional venue, The
Brewery, near Moorgate in the City
of London.
The aim of the event is to gather
and celebrate the achievements of
the finalists and winners, as well as
being an excellent opportunity to
network with colleagues and
customers and discuss the latest
industry developments.
Due to popular demand, the 2015
competition included two new
categories: the Cool Award and the
Extra Mile Award. The quality of the
finalist submissions in all categories
was of the highest level which made
the selection of winners extremely
hard for the judging panel.
The finalists and winners were as
follows:
GENERAL CATEGORIES:
Project Forwarding Award,
sponsored by Peter Lole Insurance
Brokers
Winner – Greenshields Cowie &
Co clearly demonstrated its whole
company coming together to
provide logistics services for a
significant humanitarian aid project.
The team handled the continuing
high pressure extremely well and
responded quickly to the
requirement to deliver frequent
charters under a closed borders
situation.
Finalists: CEVA Freight (UK);
Expeditors International (UK);
Worldwide Energy Logistics.
Specialist Services Award,
sponsored by Forward Computers
Winner – Dynamic International
Freight Services put forward an
excellent presentation detailing the
development of its specialised
carnet service which it offers in
tandem with the movement of
goods. This has proved particularly
attractive in the film and television
industry, as well as to participants
in overseas events where time is of
the essence.
Finalists: Customs Clearance;
Priority Freight; World Transport
Agency.
Staff Development Award,
sponsored by Albacore Systems
Winner – 512 (Sheffield)
described its implementation of a
Graduate and Management
training scheme so that it can
develop its staff ‘the 512 way’. The
schemes encourage staff to meet
customers on a face-to-face basis,
leading to staff growth and
fulfilment, as well as bringing new
blood and fresh ideas into the
forwarding industry.
Finalists: Espace Europe; Uniserve
Group; Unsworth Global Logistics.
Supply Chain Management
Award, sponsored by BoxTop
Technologies
Winner – The Woodland Group
was chosen as category winner for
its innovative approach of
simplifying the supply chain within
the sports industry. Having
identified a clear gap in the
market, Woodland Sports Logistics
offers its customers a one-stop-
shop, from sourcing ethically
produced products to managing
the shipping, storage and
fulfilment process.
Finalists: Ligentia UK; MIQ
Logistics; Uniserve Group.
The winners. Left to Right: Tony Scott of Dynamic International Freight Services (Specialist Services); Kathy Wood of Moto Freight (Extra Mile Award); Kellyjo Tapsell of Greenshields Cowie & Co (ProjectForwarding); Karen Mosley of 512 Sheffield (Staff Development); Charles Hogg of Unsworth Global Logistics (Sustainable Logistics); Michael Douglas of PSL Freight (European Logistics); Toby Murray ofKuehne + Nagel (Cool Award); Deborah Smith of the Woodland Group (Supply Chain Management); Liam Byrne of ACC Freight Management (Young Freight Forwarder); Kevin Jones of Trans Global FreightManagement (Air Cargo Services); Peter Brackstone of Panalpina World Transport (Ocean Services).
Sally Traffic, BBC Radio 2 Travel Reporter,presented this year’s Awards
AIR CARGO SERVICES AWARD:Winner: Kevin Jones of Trans Global FreightManagement (centre). Sponsor: Stuart Forsythof IAG Cargo (right).
EUROPEAN LOGISTICS AWARD:Winner: Richard Gibbs, Kevin Johnson, MarkFord and Michael Douglas of PSL Freight. Sponsor: Brian Sullivan of TT Club (far right).
EXTRA MILE AWARD:Winner: Kathy Wood of Moto Freight (centre).Sponsor: Martin Meacock of Descartes (right).
OCEAN SERVICES AWARD:Winner: Alan Hewitt and Simon Kidner ofPanalpina World Transport (centre).Sponsor: Jorre Cobelens of CargoguideInternational (right).
SPECIALIST SERVICES AWARD:Winner: Tony Scott of Dynamic InternationalFreight Services (centre). Sponsor: PeterKibble of Forward Computers (right).
SUPPLY CHAIN MANAGEMENT AWARD:Winner: Deborah Smith of the WoodlandGroup (centre). Sponsor: Paul Richardson ofBoxTop Technologies (right).
PROJECT FORWARDING AWARD:Winner: Kellyjo Tapsell of Greenshields Cowie& Co. (centre). Sponsor: Tracey Meaney ofPeter Lole Insurance Brokers (right).
THE AWARD WINNERS
STAFF DEVELOPMENT AWARD:Winner: Karen Mosley of 512 Sheffield (centre).Sponsor: Charlie Frost of Albacore Systems(right).
SUSTAINABLE LOGISTICS AWARD:Winner: Charles Hogg of Unsworth GlobalLogistics (centre). Sponsor: Caroline Seear ofRed Recruit (right).
YOUNG FREIGHT FORWARDER AWARD:Winner: Liam Byrne of ACC FreightManagement (centre). Sponsor: Lisa Forshawof Virgin Atlantic Cargo (right).
DIARY DATE:
BIFA Freight ServiceAwards Ceremony
Luncheon:Thursday 19 January 2017Competition entries open
mid June 2016 atbifa.org/awards
11
Events BIFAlinkwww.bifa.org
February 2016
COOL AWARD:Winner: Toby Murray of Kuehne + Nagel (centre). Sponsor: Tristan Koch of American AirlinesCargo (right).
Awards Host Sally ‘Traffic’ Boazman is in the left of every photo
12
EventsBIFAlink
February 2016
www.bifa.org
Sustainable Logistics Award,
sponsored by Red Recruit
Winner – Unsworth Global
Logistics was chosen as winner for
its dedication and flexible approach
to developing ‘greener’ solutions
for its customers. By identifying
and implementing an ingenious car
racking system it has created an
innovative shipping method which
improves efficiencies with greater
cost-savings, whilst saving the
environment through a reduction in
carbon footprint.
Finalists: Atlantic Pacific Global
Logistics; Estuary Waste
Management; Priority Freight.
INDIVIDUAL CATEGORY:
Young Freight Forwarder Award,
sponsored by Virgin Atlantic Cargo
Winner – Liam Byrne, in four short
years, has firmly established
himself in the international freight
industry, particularly in European
road transport. Responsible for
both sales and operations, Liam
has sought to ensure continuous
improvement in both his own, and
his teams’, service delivery. Liam
now prides himself as part-owner
of ACC Freight Management.
Finalists: Daria Banks of Banks &
Lloyd (Shipping); Nicolas Barrois of
World Transport Agency; James
Mears of Ital Logistics.
MODAL CATEGORIES:
Air Cargo Services Award,
sponsored by IAG Cargo
Winner – Transglobal Freight
Management demonstrated its
commitment to increase efficiencies
and services through technology by
embracing the XML format in the
production of electronic documents.
Its investment both in time and
staffing is offering tangible service
benefits to its customers, and has
put the company at the vanguard.
Finalists: 512 (Sheffield); Brunel Air
Cargo; Greenshields Cowie & Co.
European Logistics Award,
sponsored by the TT Club
Winner – PSL Freight particularly
impressed the judges by the
investment it made both in staff
terms and in quality systems to
deliver a new rapid response
offering. As well as providing an
improved service, with much faster
turnaround times for existing
customers, it has also generated
new routes and new customers.
Finalists: ACC Freight
Management; Eurogate Logistics;
Ital Logistics.
Ocean Services Award, sponsored
by Cargoguide International
Winner – Panalpina World
Transport was selected as the
category winner for demonstrating
a successful five-year strategy for
expansion of its ocean services
division in specific industry vertical
sectors. Through a successful
implementation of its plan, this
mode of transport has grown to a
level where it has become a vital
component of its total solutions
offering.
Finalists: 512 (Sheffield); Brunel
Shipping; Ideal International.
SPECIALIST CATEGORIES:
**NEW**
Cool Award, sponsored by
American Airlines Cargo
Winner – Kuehne + Nagel, through
its K.N.PharmaChain programme,
has shown a commitment to the
cool chain that adds true value to
the whole supply chain. Its use of
cutting-edge technologies to
provide wireless temperature
monitoring for pharmaceutical
shipments has provided greater
reliability, reduced delays, cut
wastage, and provided real cost
savings.
Finalists: IJS Global (UK); James
Cargo Services; Panalpina World
Transport.
**NEW**
Extra Mile Award, sponsored by
Descartes
Winner – Moto Freight’s approach
to its customers demonstrated an
ethos throughout the company to
go that extra mile, right down to the
individual level. By providing an
extremely personalised service
24/7, whether locally or overseas,
especially as a small company,
shows a real commitment to
customer care.
Finalists: DSV Road; Ital Logistics;
PSL Freight.
Robert Keen, BIFA Director
General (see photo, front cover),
welcomed those attending and
thanked the 11 category sponsors
(see above) as well as the eight
ceremony sponsors: DP World
London Gateway, the Gold Sponsor
of the host for the third year
running; Silver Sponsors K&L
Freight, Lincoln Maritime, MCP,
Port of Antwerp and Simpex
Express; and Bronze Sponsors
BoxTop Technologies and the
Woodland Group.
Robert also introduced this year’s
chosen charity, Transaid
(transaid.org.uk) – an international
development charity that identifies,
champions, implements and shares
local transport solutions which
improve access to basic services
and economic opportunity for poor
people in developing countries.
During the course of the event, a
total of £1,580 was raised to assist
with the charity’s good work.
The opening address was given by
BIFA President Sir Peter Bottomley
MP, and the success of all
contestants was recognised with
Sir Peter, along with event host,
Sally ‘Traffic’ Boazman, awarding
each category finalist with a framed
certificate.
Following the luncheon, Sally
Traffic delivered an amusing
speech in which she related some
of her experiences during her varied
career in acting, broadcasting and
writing, culminating in her current
role, since 1998, as Travel Reporter
for BBC Radio 2.
Further details on the BIFA
Awards, such as a list of the
Judging Panel, and photos from the
event can be found on the event
website at bifa.org/awards
Next year’s competition, which
will be its 28th staging, will open for
entries in June. If you are interested
in taking part either as a sponsor or
as an entrant (BIFA Members only),
please contact the BIFA Events
Office at [email protected]
Robert Keen (BIFA Director General, not pictured) thanked the BIFA team for a great event. L to R: Becky Thurtell, Mike Jones, Spencer Stevenson,Ramandeep Sohal, Sharon Hammond, Marion Fisher, Robert Windsor, Selina Doyle and Jane Robinson
14
Good PracticeBIFAlink
February 2016
www.bifa.org
Good practice codes have become
commonplace in the forwarding
industry, often introduced as part
of quality assurance operating
procedures for the qualification of
sub-contractors. They have
relevance to liability insurance and
standard trading conditions.
In order to introduce conformity,
and having regard to BIFA’s
Standard Trading Conditions, the
following guide has been drafted
for use by Members of the
Association in terms of what you
should be thinking about including
in a contract with a sub-contractor.
1. Vehicles and equipment used by
the sub-contractor should
comply fully with all relevant
regulations relating to the
carriage of goods, in particular
the Road Traffic Act. Vehicles
and equipment therefore must
be fit for their intended use.
2. All sub-contractor employees
should be fully trained and
competent to undertake their
work in a safe and proper
manner.
3. The sub-contractor should only
undertake work on your behalf
which you have confirmed in
writing by fax, e-mail, other non-
paper-based electronic
communication, or approved
consignment note, collection or
delivery order. Evidence of
contract completion should be
required to be signed: for
example – collection/delivery/
interchange note or appropriate
document of carriage or
consignment, to be supplied on
request.
4. The sub-contractor shall
maintain a direct liaison with the
organisation from where
instructions were issued and
should report on all delays in
transit or loading and unloading,
and also report on all
complaints, problems or
comments that may be received
from your customer.
5.When making a collection or
delivery of goods, the sub-
contractor’s driver should ensure
that the condition of the goods
and their number are correctly
noted and signed for
accordingly. Where appropriate,
seal numbers on transport units
should also be recorded. The
sub-contractor should be
required to undertake to notify
you of any discrepancies without
delay.
6. The sub-contractor should agree
with you that it will deal with
claims without undue delay.
7. The sub-contractor should be
required to confirm in writing that
insurance claims will be dealt
with in accordance with the
same liability regime as
demanded from you by your
customer.
8. The sub-contractor should be
required to confirm that its legal
liability for the services it
performs is adequately and
properly insured to the limits of
its liability and its own policy
terms.
9.Where the sub-contractor is
required by you to provide
Customs clearance services, you
should ensure that it should:
9.1. only act upon information
received in writing from your
officers or overseas agents,
and advise you of any
irregularities or discrepancies
in the information and
documentation received
relative to your business.
9.2. indemnify you against all
fines that HM Revenue &
Customs (HMRC) may level
against the principal which are
the fault of the company.
9.3. if you authorise named
persons employed by the sub-
contractor to make
declarations on your behalf
and to commit you to make
payments to HMRC through
your duty deferment bond, the
sub-contractor should
indemnify you against any
financial loss incurred by you
following any wrongful act of
the named persons. The sub-
contractor should be required
to immediately advise you
when any named person
leaves the employ of the
company.
9.4. unless otherwise agreed in
writing, act only in the
capacity of a direct
representative when declaring
goods to HMRC.
These are only guidelines and there
may be other areas which you wish
the sub-contractor to deal in. For
example, if you engage in CMR
work and want the sub-contractor
to deal with the domestic leg only,
you must be careful to ensure that
you require him to agree to operate
pursuant to CMR terms by private
agreement and not accept his own
domestic conditions to apply.
The Association always advises
Members to consult experienced
solicitors before entering into
contracts to ensure adequate legal
protection is in place.
Advice and information
The Association is here to help you
in any way it can. Whilst BIFA
members of staff do not have legal
training, they can often assist with
commercial questions and source
appropriate advice for you.
However, any such assistance
given and flowing from this guide
will be subject to the disclaimer
appearing in this magazine.
Good Practice: A guide to sub-contracting A guide for Members on what should be included in a contractwith a sub-contractor
15
Policy & Compliance BIFAlinkwww.bifa.org
February 2016
A formal multilateral climate
agreement was concluded in Paris
at the UN Climate Change
Conference (COP21) on Sunday 12
December 2015. The agreement is
aimed at holding global average
temperatures below a 2° Celsius
rise from pre-industrial levels, with
best efforts to limit these to 1.5°
Celsius.
The main COP21 decisions were:
• National pledges to curb
emissions: Before the
conference started, 180 countries
had submitted pledges to cut or
curb their carbon emissions.
• Keeping temperature rises well
below 2° Celsius: Countries
agreed to keep below this level
and make efforts to limit the
temperature increase to
1.5° Celsius.
• Long-term goal for net zero
emissions: Countries have
promised to get to “net zero
emissions” between 2050 and
2100.
• Take stock every five years:
Countries agreed to review their
pledges every five years.
• Money: Finance to be made
available to help developing
countries adapt to climate
change and transition to clean
energy.
• Loss and damage: A
mechanism for addressing the
financial losses that vulnerable
countries face from climate
impacts.
Future reviews
Almost 200 nations have put
forward their plans on how to cut
and curb emissions up until 2030.
However, those pledges are not
enough to keep warming below the
2° Celsius target, so the review every
five years will have a mechanism to
ramp up those pledges in order to
make them strong enough.
Shipping, together with aviation,
had been included in earlier
versions of the draft agreement
although the final version makes no
reference to these two industries.
The absence of any specific
mention of shipping in the final text
has led to some criticism because
the lack of international regulation
could encourage shipping lines to
sail under the flags of countries with
the least stringent rules. However,
others welcome the agreement and
insist that the global shipping
industry remains committed to
ambitious CO2 reduction across the
entire world merchant fleet, reducing
CO2 per tonne-km by at least 50%
by 2050, compared with 2007 levels.
Recognising the importance of
climate change, many are relieved
that an agreement was reached in
Paris that will send a powerful
signal to global markets, hastening
the transition away from fossil fuels
and towards a clean energy
economy. The focus will now turn to
implementation and the
development of legislation that will
set greenhouse gas target
emissions for which the industry
must remain compliant.
The Paris climate dealAlthough mention of shipping and aviation had been droppedby the final draft of the Paris UN Climate Change Conferenceagreement, it has set an agenda for new green legislation
Celebrating after the historic adoption of the Paris Agreement onclimate change. Left to right: Christiana Figueres, Executive Secretaryof the UN Framework Convention on Climate Change (UNFCCC);Secretary-General Ban Ki-moon; Laurent Fabius, France’s Minister forForeign Affairs and President of the UN Climate Change Conference;and French President François Hollande.
UN
Pho
to/M
ark G
arten
16
Legal EagleBIFAlink
February 2016
www.bifa.org
Standard employees
Employees who have been
employed for at least one month are
entitled to receive a written
statement of certain particulars of
their employment within the first
two months of starting work.
These particulars can be included
in a contract of employment that
will set out all the contractual terms
applicable to the individual in one
document. Any amendments to the
contractual terms will usually need
the agreement of both parties and
cannot generally be imposed by the
employer.
As a minimum, the contract must
include particulars of:
• Name of employer/employee
• Place of work
• Job title (or a description of
duties)
• Date of commencement
• Hours of work
• Pay (including date of payment)
• Holiday entitlement and holiday pay
• Terms relating to sickness
absence and sick pay
• Notice provisions applicable to
employer and employee
• Information about disciplinary
and grievance procedures
• Details of pension entitlement.
Employment contracts should
build in as much flexibility as
possible in relation to hours of work
and duties, in order to suit the
needs of the business as it grows.
Employers should pay particular
attention to provisions intended to
protect their business interests,
including the protection of
confidential information and
intellectual property rights and any
applicable restrictions on employees’
post-termination activities.
Employees should sign their
contract and a copy of it should be
kept by the employer securely on
file for future reference.
Senior employees
Employment contracts for senior
employees typically include
obligations to better protect the
business, for example:
• Requirement to travel
within/outside the UK
• Post-termination restrictions
• Intellectual property
• Confidential information
• Payment in lieu of notice
• Garden leave.
Core policies
Company policies and procedures
should not be included in your
contracts and should be expressly
designated as non-contractual. This
will facilitate easy changes to your
policies without having to amend
your employees’ contracts.
There are certain key policies that
you should consider implementing
at an early stage:
• Disciplinary and grievance
procedures
• Equal opportunities and anti-
harassment/bullying policy
• Absence management policy
• Health and safety policy
• Data protection policy
• Flexible working policy.
Sources of further information:
The Acas website contains a wide
range of guidance for employers,
much of which is aimed at small
employers: www.acas.org.uk.
If you would like to discuss this in
more depth, please contact
Catherine Johnson, Partner at
Birketts LLP, on 01473 299 174 or
BIFA is grateful to Catherine
Johnson of solicitors Birketts for
providing this information.
An essential guide toContract of Employment BIFA sometimes gets enquiries from Members who have lostbusiness when a staff member has joined another firm. It canbe difficult to take action against an ex-employee for smallamounts but there are provisions that can be added to acontract of employment to protect yourself. Such contracts arebest left to professional firms that specialise in employment lawand in response to requests for assistance, Associate BIFAMember Birketts has provided BIFA with the following guide
17
Policy & Compliance BIFAlinkwww.bifa.org
February 2016
If the reader chooses to examine
clause 1 of BIFA’s current Standard
Trading Conditions in the context of
a direct representative, reference is
made to Council Regulation
2913/92. This regulation will be
replaced by Regulation 952/13 on
1 May 2016, which will be the source
of most of the UK’s and EU customs
law for the foreseeable future.
BIFA has represented its
Members’ interests via CLECAT in
order to try to ensure that the
legislation does not harm their
interests. At this point it is
important to acknowledge that HM
Revenue & Customs (HMRC) has
been strongly supportive of UK
interests and has managed to head
off proposals that would have run
contrary to these.
The most significant defeat we
suffered was when the UK opposed
the introduction of mandatory
guarantees to secure customs
debts, but was outvoted 26 to 2.
The main aims of the Union
Customs Code (UCC) can be
summarised as being:
• The facilitation of legitimate
trade,
• The reinforcement of safety and
security within the supply chain,
• That all communications with
customs should be electronic,
• That all customs controls should
be applied in a harmonised and
standardised manner.
Much has been written about
becoming an Authorised Economic
Operator (AEO), which was very
much an add-on to regulation
2913/92. The nature of customs
activity is changing and becoming
more complex and moving away
from a scenario where transactions
are controlled and monitored to one
where the operators are audited
and become self-regulating. Under
the Union Customs Code, traders
can apply for an AEO approval for
either customs or security activities,
or both. This demonstration of
compliance allows them to more
easily obtain access to certain
customs authorisations and to
obtain guarantee waivers which
would be denied to a non-AEO
trader.
Significance
It is important not to under-estimate
the significance of the changes
stemming from the UCC. One of
the most widely used regimes is
Inward Processing Relief (IPR),
which becomes Inward Processing
(IP) and is merged with Processing
under Customs Control (PCC).
From the 30 April 2016, IP
Drawback will no longer be
available and traders will only be
able to utilise Simplified IP on three
occasions before having to apply
for a full authorisation. One other
significant change, which may
come as a surprise to the reader, is
that there no longer has to be an
intention to re-export goods
entered to IP.
Approval
Almost every aspect of customs
activity will be affected by the UCC,
and in part in order to spread the
approvals process over a more
manageable timeframe, there will
be no need to immediately apply
for re-approval. Customs has
already stated that in many cases
traders can continue to use their
current approval until either its
expiry date or the end of the official
transition period on 30 April 2019,
dependent on which comes first.
However, if a trader wishes to
take advantage of a new facilitation
included in the UCC, such as being
able to make remote retail sales
from a customs warehouse, then it
will need to re-apply and go
through a full re-approval process.
BIFA has arranged several events
to advise Members of the main
changes being introduced by the
UCC and to try to identify specific
problems stemming from the
legislation. In certain cases, due to
the wording of the regulation, there
is nothing that can be done.
However, with sensible discussion,
such as relating to the transfer of
liability from the ITSF to ETSF
operator, some progress can be
made.
It is impossible within the space
offered within the pages of BIFAlink
to fully update Members of all the
changes being introduced by the
UCC. We have only touched on
changes to existing procedures and
not significant new procedures such
as centralised clearance, which
require significant IT development
and will probably not be introduced
before 31 December 2020.
More information can be
obtained at www.bifa.org/
information/union-customs-code-
ucc-aeo.
It is clear that all businesses with
some kind of customs activity need
to review what these are and
assess how they are impacted.
They will then be able to determine
what steps they wish to take, which
may or may not include preparing
and applying to become an AEO
accredited company.
Businesses withcustoms activitiesneed to assess howthey will affected bythe Union CustomsCode – and shouldconsider whether tobecome anAuthorisedEconomic Operator
Union Customs Code – theimplementation countdown
18
Policy & ComplianceBIFAlink
February 2016
www.bifa.org
BIFA has regularly reported on the
progress of the Cargo Agency
Modernisation Program (CAMP),
which was formed by FIATA and
IATA over three years ago to review,
refine and re-engineer the airline
conference based program to
create one that would be jointly
managed by the airlines and
forwarders.
Progress had been made
towards the development of a joint
program and the redefinition of the
airlines’ and forwarders’
responsibilities.
However, there remained a number
of key issues for which a compromise
solution was not possible and after
extensive discussions, FIATA and
IATA were unable to agree on the
entire new draft.
The draft agreement contained
specific reference to IATA’s Cargo
Accounts Settlement System
(CASS). CASS is a payment system
run by IATA on behalf of the airlines
to ensure payments from the
airlines’ customers. It is FIATA’s
view that a forwarder’s decision on
whether to sign up to the CASS
participation agreement with IATA
should be made independently and
not be mandated by the FIATA/IATA
agreement as a condition to
participate.
This was a point which IATA was
unable to accept on behalf of its
constituent airlines.
The parties did reach agreement
on many progressive principles and
certain enhancements will still be
implemented under the existing
IATA Conference rules.
The outdated reference to freight
forwarders as the ‘agent’ of the air
carrier will be dropped as it
confused the responsibilities and
now liability will be clearer. Freight
forwarders will be recognised as
customers of the airlines,
conducting business in a principal-
to-principal contract.
Although the CAMP meetings
have been concluded, IATA and
FIATA recognise the need for
airline/forwarder cooperation and
have both expressed their desire to
continue the dialogue, with the
longer term objective of reaching an
agreement that will allow for
decisions to be made jointly.
However, the agreement must be
one that both parties can
confidently accept with the
knowledge that they have served
the best interests of the industries
they represent.
Support yourlocal MembergroupBIFA holds Regional Member meetings around
the UK and listed right are those due to occur
soon. If you would like to attend and find out
more about BIFA and what we do, then contact
the appropriate Regional Consultant to BIFA.
All BIFA Members are entitled and
encouraged to attend their regional meetings
however pre-booking with the named contact is
essential. Full contact details are shown on
page 3 of this issue.
Region Date Time Venue BIFA Contact
Southampton Tue 16 Feb 0800 Duke of Wellington Colin YoungRegional Members’ meetingGatwick Thu 18 Feb 1230 Timberham House, LGW Colin YoungRegional Members’ meeting Stansted Tue 23 Feb 1130 Stansted Airport Limited Colin YoungRegional Members’ meetingNorthern Ireland Tue 23 Feb 1030 Mission to Seafarers, Paul YoungRegional Members’ meeting BelfastMidlands Wed 24 Feb 1030 Holiday Inn Express, Paul YoungRegional Members’ meeting Castle DoningtonHeathrow Thu 25 Feb 1400 Redfern House, Feltham Colin YoungRegional Members’ meeting Yorkshire Thu 25 Feb 1800 ASAP Freight, Rotherham Geoff StarkRegional Members’ meeting Manchester Wed 2 Mar 1030 Premier Inn, Paul YoungRegional Members’ meeting Trafford Park WestLiverpool Thu 3 Mar 1030 The Liner, Liverpool Paul YoungRegional Members’ meeting
IATA and FIATA unable to reach full agreement
BIFA Regional Seminars – Preparing for the Union Customs Code
The following events have been scheduled and will give BIFA
Members the opportunity to meet with representatives from BIFA and
HM Revenue Customs to hear how the implementation of the Union
Customs Code (UCC) in May 2016 will affect forwarders and their
businesses.
• Northern Ireland – Tuesday, 23 February 2016
• Midlands – Wednesday, 24 February 2016
• Manchester – Wednesday, 2 March 2016
• Liverpool – Thursday, 3 March 2016
Booking is essential. Contact Regional Consultant Paul Young
([email protected]) to secure your place.
Cargo Agency Modernisation Program has stalled over mandatoryCASS participation – although other principles have been agreed
19
Training BIFAlinkwww.bifa.org
February 2016
AIR CARGO (REGULATEDAGENTS) SECURITY TRAININGNEW level OLD LevelCASP A / BCO DCOS ECS FCM G
Air Cargo Security – CASP (Cargo Aviation SecurityPrinciples) Air Cargo Security – CO (Cargo Operative)17 February Feltham, West London23 February Feltham, West London14 March Feltham, West London21 March Feltham, West London13 April Feltham, West London25 April Feltham, West London
Air Cargo Security – COS (Cargo Operative Screening)Air Cargo Security – CS (Cargo Supervisor)Air Cargo Security – CM (Cargo Manager)17-18 February Feltham, West London14-15 March Feltham, West London13-14 April Feltham, West London
Air Cargo Security – Refresher COS (am session)24 February Feltham, West London22 March Feltham, West London26 April Feltham, West London
Air Cargo Security – Refresher CS & CM (pm session)24 February Feltham, West London22 March Feltham, West London26 April Feltham, West London
Aviation Security Cargo X-Ray OperatorAvailable as an in-house course, contact BIFA toschedule a date
Aviation Security NXCT NB – test session only – no training takes place29 February Feltham, West London23 March Feltham, West London28 April Feltham, West London
CUSTOMS PROCEDURESCustoms Procedures for Export Cargo (CM1)2 March Midlands16 March Feltham, West London27 April Manchester
Customs Procedures for Import Cargo (CM2)3 March Midlands17 March Feltham, West London28 April Manchester
BTEC Intermediate Award in Customs Export & ImportProcedures (CM3) – NB: attendance required on all fivedates1, 8, 15, 22 Feb & 7 Mar Feltham, West London
Customs Import Entry & Procedures (CM6)1, 8, 15 March, 5 + 19 April Feltham, West London
DANGEROUS GOODSDangerous Goods by Air (DGA1)1-3 February Glasgow1-3 February Leeds Bradford8-10 February Feltham, West London22-24 February Manchester29 February – 2 March Feltham, West London7-9 March Bournemouth14-16 March Midlands14-16 March Bristol4-6 April Feltham, West London11-13 April Newcastle25-27 April Feltham, West London
Dangerous Goods by Air – Revalidation (DGA2)4-5 February Glasgow4-5 February Leeds Bradford11-12 February Feltham, West London25-26 February Manchester3-4 March Feltham, West London10-11 March Bournemouth17-18 March Midlands17-18 March Bristol7-8 April Feltham, West London12-13 April Newcastle28-29 April Feltham, West London
Dangerous Goods by Road (DGR1)22-24 February Midlands7-9 March Manchester14-16 March Feltham, West London
Dangerous Goods by Road – Revalidation (DGR2)Days 2 and 3 of the above Dangerous Goods by Roadcourse (DGR1)
Dangerous Goods by Sea (DGS1)25-26 February Midlands10-11 March Manchester17-18 March Feltham, West London
Dangerous Goods Safety Adviser (DGSA)29 February – 4 March Feltham, West London29 February – 4 March Manchester
Radioactive Goods by Air (DGA3)11-12 April Feltham, West London
Radioactive Goods by Air – Revalidation (DGA4)12 April Feltham, West London
Infectious Substances by Air (DGA5)4 February Watford
Carriage of Lithium Batteries by Air, Road & Sea(modules available individually)See www.bifa.org/training for future presentations
FREIGHT FORWARDING ANDINTERNATIONAL TRADEExports for Beginners (EXP1)3 February Midlands5 April Manchester area
Imports for Beginners (IMP1)4 February Midlands11 February Feltham, West London6 April Manchester area
Introduction to Air Cargo (AC1)18-22 April Feltham, West London
BTEC Intermediate Award in Multimodal InternationalFreight Procedures (MFT1) - NB: attendance requiredon all five dates9, 16, 23 February, 8 + 22 March Manchester area6, 13, 20, 27 April + 11 May Feltham, West London12, 19, 26 April, 10 + 24 May Midlands
Sea Freight: The Basics (SF1)10 February Feltham, West London17 February Manchester area
Introduction to Letters of Credit4 April Feltham, West London
ONLINE COURSESThe following Air Cargo Security courses are availableonline to Regulated Agents at initial and refresherlevels:• Cargo Aviation Security Principles (CASP)• Cargo Aviation Security Principles – Driver (CASP-D)• Cargo Operative (CO)See bifa.org/training to register
Known Consignors – courses covering the modulesrequired by Known Consignors are also availableonline.
Training courses: February-April 2016
BIFA is a member of:To view course content or to make a booking, go to www.bifa.org and click on training
#BIFATraining
Air Cargo Security Training
from the leading industry training body
www.bifa.org
We have the knowledge
We have the trainers
We set the industry standard
We are cost-effective
BIFA Training ServicesRedfern House, Browells Lane, Feltham, Middlesex TW13 7EP United Kingdom
Find out more about our accredited courses and International Trade Programme:
e-mail us at [email protected] or call +44 (0)20 8844 2266
11:48