The Customs Transit Procedures (EU Exit) Regulations 2018

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31/12/2020- Amendment

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Formalities for the UK transit procedureU.K.

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4.—(1) [F1Use of the UK transit procedure for chargeable goods is subject to a Customs declaration made for this purpose and accepted by HMRC, and to the provision of a guarantee—

(a)where there is any liability, or potential liability, to pay import duty, but not excise duty, in respect of the goods, in accordance with Part 10 of the import duty regulations; or

(b)where there is any liability, or potential liability, to pay both import duty and excise duty in respect of the goods, in accordance with Part 10 of the import duty regulations as modified by sub-paragraph (1C).]

But provision corresponding to that made by Schedule 1, paragraph [F229(1G)(a)] applies in relation to paragraph 2(d) for the purposes of the UK transit procedure.

[F3(1A) The Customs declaration in sub-paragraph (1) is deemed as made and accepted where goods arrive in [F4Great Britain] from the Isle of Man subject to a procedure corresponding in the Isle of Man to the UK transit procedure; and those goods are then chargeable goods.

(1B) For the purposes of sub-paragraph (1A), any function carried out by the Isle of Man customs authority pre-arrival, and corresponding to a pre-departure function of HMRC in relation to the UK transit procedure, substitutes for that pre-departure function.]

[F5(1C) For the purposes of sub-paragraph (1)(b)—

(a)Part 10 of the import duty regulations is modified as follows—

(i)other than in regulation 97(2), for “import duty”, wherever it appears, regard as substituted “ import duty and excise duty ”;

(ii)in regulation 95(1)(a), regard “discharge of the liability” as “discharge of the liability to pay import duty”;

(iii)after regulation 100(1)(b), regard as inserted—

“(ba)where the goods have been placed under a duty suspension arrangement and—

(i)all the liability to import duty to which the guarantee relates and, where regulation 95(2) (guarantee in relation to charges) applies, any charges in relation to that liability have been paid in full; or

(ii)the potential liability to import duty to which the guarantee relates has been extinguished on the discharge of a special Customs procedure;”;

(iv)in regulation 100(1)(c)—

(aa)in paragraphs (i) and (ii), for “the duty” regard as substituted “ the import duty ”;

(bb)at the end of paragraph (ii), regard “and” as omitted;

(cc)at the end of paragraph (iii), for “or” regard as substituted “ and ” and regard as inserted—

“(iv)the part of the specified amount which is equivalent to the amount of the liability, or potential liability, to excise duty is paid in full or the goods to which that part relates have been placed in a duty suspension arrangement; or”; and

(b)a reference to a “guarantee” in the import duty regulations, wherever it appears, should be construed in accordance with the modifications made by paragraph (a).]

[F6(2) Subject to sub-paragraph (2A), the goods covered by the declaration must be presented to HMRC at the Customs office of departure.

(2A) Sub-paragraph (2) does not apply where—

(a)the declarant is an authorised consignor; and

(b)the declaration is not made by means of a carnet under regulation 22(4A) (customs declarations made in paper form) of the Customs (Import Duty) (EU Exit) Regulations 2018.]

(3) The UK transit procedure is compulsory where chargeable goods bound for a place in [F7Great Britain], and to be carried by air, are loaded or reloaded at a [F7Great Britain] airport.

(4) [F8Subject to sub-paragraph (4A), provision] corresponding to that made by Schedule 1, paragraph 19 (except sub-paragraph (1), second indent) applies to the declaration for the UK transit procedure (permissible goods).

[F9(4A) Sub-paragraph (4) does not apply where the declaration is made by means of a carnet under regulation 22(4A) (customs declarations made in paper form) of the Customs (Import Duty) (EU Exit) Regulations 2018.]

[F10(5) Use of the UK transit procedure for chargeable goods that are to move from [F11Great Britain] to the Isle of Man is subject to a declaration made for this purpose and accepted by HMRC, and to the provision of a guarantee as provided for in sub-paragraph (1), first and second indents.

(6) The declaration in sub-paragraph (5) is deemed to be within TCTA, Schedule 2, paragraph 5(1)(a).]

[F12(7) In this paragraph, “duty suspension arrangement” has the meaning given in regulation 3(1) of the Excise Goods (Holding, Movement and Duty Point) Regulations 2010.]

Textual Amendments

F1Words in Sch. 3 para. 4(1) substituted (31.12.2020) by The Customs and Excise (Miscellaneous Provisions and Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1215), regs. 1(2), 13(3)(a)(i); S.I. 2020/1643, reg. 2, Sch.

F2Word in Sch. 3 para. 4(1) substituted (31.12.2020) by The Customs Transit Procedures (Amendment, etc) (EU Exit) Regulations 2020 (S.I. 2020/1491), regs. 1, 5(3); S.I. 2020/1643, reg. 2, Sch.

F3Sch. 3 para. 4(1A)(1B) inserted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 8(3)(d) (as amended by S.I. 2019/1346, reg. 9); S.I. 2020/1643, reg. 2, Sch.

F4Words in Sch. 3 para. 4(1A) substituted (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 39(4)(e)(i); S.I. 2020/1643, reg. 2, Sch.

F5Sch. 3 para. 4(1C) inserted (31.12.2020) by The Customs and Excise (Miscellaneous Provisions and Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1215), regs. 1(2), 13(3)(a)(ii); S.I. 2020/1643, reg. 2, Sch.

F6Sch. 3 para. 4(2)(2A) substituted for Sch. 3 para. 4(2) (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1346), regs. 1(2), 5(4)(d)(i); S.I. 2020/1643, reg. 2, Sch.

F7Words in Sch. 3 para. 4(3) substituted (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 39(4)(e)(ii); S.I. 2020/1643, reg. 2, Sch.

F8Words in Sch. 3 para. 4(4) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1346), regs. 1(2), 5(4)(d)(ii); S.I. 2020/1643, reg. 2, Sch.

F9Sch. 3 para. 4(4A) inserted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1346), regs. 1(2), 5(4)(d)(iii); S.I. 2020/1643, reg. 2, Sch.

F10Sch. 3 para. 4(5)(6) inserted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 8(3)(e); S.I. 2020/1643, reg. 2, Sch.

F11Words in Sch. 3 para. 4(5) substituted (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 39(4)(e)(iii); S.I. 2020/1643, reg. 2, Sch.