The Customs (Import Duty) (EU Exit) Regulations 2018

[F1 SECTION A1 U.K. Transitional EIDR simplified Customs declarations process

Textual Amendments

F1 Pt. 4 Ch. 3 s. A1 inserted (29.10.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Customs (Transitional Arrangements) (EU Exit) Regulations 2020 (S.I. 2020/1088), regs. 1(2)(4), 3(5); S.I. 2020/1643, reg. 2, Sch.

Definitions: transitional EIDR simplified Customs declaration process U.K.

29A.— (1) “Transitional EIDR simplified Customs declaration process” means the process in relation to Customs declarations provided by regulation 29C such that the requirements made by or under Part 1 of the Act in relation to Customs declarations which would otherwise apply are disapplied or simplified.

(2) “Transitional EIDR procedure” has the meaning given in regulation 29D(1).

Modifications etc. (not altering text)

C1 Pts. 1-10 applied (with modifications) (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 32; S.I. 2020/1643, reg. 2, Sch.

[F2 Persons eligible to complete Part 1 of the transitional EIDR simplified Customs declaration process U.K.

29B.   A person is an “eligible person” for the purposes of this section if the person—

(a) is treated as such in relation to regulation 29C(1)(a) by regulation 85A(2) (authorisation automatically granted); or

(b) is approved as an eligible person in relation to regulation 29C(1)(a) following an application under regulation 85A(8) (application for authorisation following revocation).]

Textual Amendments

F2 Reg. 29B substituted (13.6.2023) by The Customs (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/569), regs. 1(1), 2(7)

Transitional EIDR simplified Customs declaration process U.K.

29C.— (1) The transitional EIDR simplified Customs declaration process is the making of a Customs declaration in two parts, comprising—

(a) Part 1: a transitional simplified Customs declaration, which must be made—

(i) using the transitional EIDR procedure;

(ii) by an eligible person; and

(iii) by no later than the end of the period which applies to making the Customs declaration in respect of the goods; and

(b) Part 2: a transitional supplementary Customs declaration, which must be made—

(i) by a person authorised to use the simplified Customs declaration process under regulation 31 (“the authorised declarant”); and

(ii) by no later than the end of the period specified in a notice published by HMRC.

(2) To comply with the transitional EIDR simplified Customs declaration process a person who makes a transitional simplified Customs declaration (“the primary declarant”) must ensure that a Customs declaration of the type which applies in respect of the chargeable goods is made in the two parts described in paragraph (1).

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The transitional EIDR simplified Customs declaration process may not be used in respect of—

(a) a declaration for a Customs procedure other than the free-circulation procedure;

(b) a declaration of goods which were not Union goods [F4 in the Republic of Ireland or Northern Ireland] immediately before they were imported into the United Kingdom;

(c) a declaration of excise goods, within the meaning given in regulation 3(1) of the Excise Goods (Holding, Movement and Duty Point) Regulations 2010; F5 ...

(d) a declaration of such controlled goods as are specified in a notice published by HMRC (“controlled goods”) [F6 ; or]

[F7 (e) a declaration of goods which were removed from the Republic of Ireland or Northern Ireland to Great Britain on or after 31st January 2024.]

(5) HMRC must publish—

(a) a notice specifying a period for the purposes of paragraph (1)(b)(ii); and

(b) a notice specifying controlled goods for the purposes of paragraph (4)(d).

(6) A Customs agent—

(a) may only complete Part 1 of the transitional EIDR simplified Customs declaration process acting as a direct agent if—

(i) the agent is an eligible person;

(ii) the principal of the agent is an eligible person; and

(iii) the principal is established in the United Kingdom;

(b) may complete Part 2 of the transitional EIDR simplified Customs declaration process acting as a direct agent if—

(i) the agent is an authorised declarant; and

(ii) the principal of the agent is established in the United Kingdom.

(7) A Customs agent may not complete Part 1 or Part 2 of the transitional EIDR simplified Customs declaration process acting as an indirect agent on behalf of the principal of the agent if the principal is not an eligible person.

(8) By the end of the period which applies to the making of the transitional simplified Customs declaration, the primary declarant must make available for inspection by an HMRC officer any documents required to accompany the declaration.

(9) Subject to regulation 29F, by the end of the period which applies to the making of the transitional supplementary Customs declaration, the authorised declarant must make available for inspection by an HMRC officer any documents required to accompany the declaration.

(10) In this regulation “Union goods” has the same meaning as it has in article 5(23) of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code as it has effect in EU law.

Textual Amendments

F3 Reg. 29C(3) omitted (1.1.2022) by virtue of The Taxation (Cross-border Trade) (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2021 (S.I. 2021/1444), regs. 1(3), 2(2)(a)

F4 Words in reg. 29C(4)(b) inserted (1.1.2022) by The Taxation (Cross-border Trade) (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2021 (S.I. 2021/1444), regs. 1(3), 2(2)(b)

F5 Word in reg. 29C(4)(c) omitted (31.1.2024) by virtue of The Taxation (Cross-border Trade) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/12), regs. 1(2), 2(3)(a)

F6 Word in reg. 29C(4)(d) substituted (31.1.2024) by The Taxation (Cross-border Trade) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/12), regs. 1(2), 2(3)(b)

F7 Reg. 29C(4)(e) inserted (31.1.2024) by The Taxation (Cross-border Trade) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/12), regs. 1(2), 2(3)(c)

Modifications etc. (not altering text)

C2 Reg. 29C(6) modified (31.12.2020) by S.I. 2019/385, reg. 5(6B) (as inserted by The Customs (Transitional Arrangements) (EU Exit) Regulations 2020 (S.I. 2020/1088), regs. 1(3), 8(2)(a); S.I. 2020/1643, reg. 2, Sch.)

Transitional EIDR procedure U.K.

29D.— (1) “Transitional EIDR procedure” means to make a transitional simplified Customs declaration by way of entering into a transitional EIDR electronic system—

(a) the declaration;

(b) the information required to be contained in the declaration; and

(c) the documents required to accompany the declaration.

(2) Acceptance of the Customs declaration and release of the goods to the free-circulation procedure are to be treated as occurring at the later of—

(a) the time of completion of the transitional EIDR procedure; and

(b) the time the goods are imported into the United Kingdom for the purposes of CEMA 1979.

(3) In paragraph (1), “transitional EIDR electronic system” means an electronic system which is—

(a) operated by the person making the transitional simplified Customs declaration; and

(b) used for keeping and maintaining records (“transitional EIDR records”) of the matters in sub-paragraphs (a) to (c) of paragraph (1).

Transitional EIDR procedure – verification U.K.

29E.— (1) An eligible person who makes a transitional simplified Customs declaration must, when required to do so by an HMRC officer—

(a) allow access by the officer to the transitional EIDR electronic system operated by the person; or

(b) provide to the officer from that system such information,

as the officer reasonably requires in order to verify transitional EIDR records or records showing whether or not any goods have been imported which are subject to a prohibition or restriction on import imposed under an enactment.

(2) Where paragraph (1) applies, the chargeable goods to which the records relate are not discharged from the Customs procedure until—

(a) the verification has occurred to the officer’s satisfaction; or

(b) the officer confirms the goods are discharged notwithstanding that such verification has not occurred.

Extended periods to make available documents for inspection U.K.

29F.— (1) In any particular case, an HMRC officer may extend the period referred to in regulation 29C(9), within which the authorised declarant must make available for inspection by an HMRC officer documents required to accompany a transitional supplementary Customs declaration.

(2) But any such extended period must not exceed such period as may be specified in a notice published by HMRC.]