The Customs (Import Duty, Transit and Miscellaneous Amendments) (EU Exit) Regulations 2019

PART 2 U.K. Miscellaneous Amendments

Amendment of the Ship's Report, Importation and Exportation by Sea Regulations 1981 U.K.

2.—(1) The Ship's Report, Importation and Exportation by Sea Regulations 1981 M1 are amended as follows.

(2) In regulation 8(e)—

(a) in sub-paragraph (i) after “(Import Duty)” insert “ (EU Exit) ”;

(b) at the end of sub-paragraph (ii), after the semi-colon omit “and”;

(c) at the end of sub-paragraph (iii) insert “ ; and ”;

(d) after sub-paragraph (iii) insert—

“(iv) paragraph (d) shall not apply in relation to goods—

(aa) to which regulation 131 of the Customs (Import Duty) (EU Exit) Regulations 2018 (chargeable goods carried by RoRo vehicles destined for RoRo listed locations: making of declarations) applies; and

(bb) which have been declared, and the declaration has been accepted by HMRC, in accordance with provision made by or under Part 1 of the Taxation (Cross-border Trade) Act 2018.”.

Commencement Information

I1 Reg. 2 not in force at made date, see reg. 1(2)

I2 Reg. 2 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M1 S.I. 1981/1260; amended by S.I. 1986/1819 and 2018/1247. There are other amending instruments, but none is relevant.

Amendment of the Customs and Excise (Transit) Regulations 1993 U.K.

3.—(1) The Customs and Excise (Transit) Regulations 1993 M2 are amended as follows.

(2) In the Schedule, before the first entry insert—

“Paragraphs 2(A1) and (4) and 27(A1) and (3) of Schedule 1

Requirement to provide, in specified cases, the MRN of the declaration of goods to be brought into the United Kingdom, any transit accompanying document and vehicle registration number of any vehicle in which the goods are carried before the goods enter, or re-enter, the United Kingdom.”

Commencement Information

I3 Reg. 3 not in force at made date, see reg. 1(2)

I4 Reg. 3 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M2 S.I. 1993/1353; the schedule was substituted by S.I. 2019/140. There are other amending instruments, but none is relevant.

Amendment of the Customs (Contravention of a Relevant Rule) Regulations 2003 U.K.

4.—(1) The Customs (Contravention of a Relevant Rule) Regulations 2003 M3 are amended as follows.

(2) In the Schedule—

(a) under the heading “The Customs Transit Procedures (EU Exit) Regulations 2018” after the entry headed “Paragraphs 4(8) and 29(7) of Schedule 1 and paragraph 8(1) of Schedule 3” insert—

“Paragraphs 2(A1) and (4) and 27(A1) and (3) of Schedule 1.	The carrier	£2,500.
Requirement to provide, in specified cases, the Master Reference Number (MRN) of the declaration of goods to be brought into the United Kingdom, any transit accompanying document and vehicle registration number of any vehicle in which the goods are carried before the goods enter, or re-enter, the United Kingdom.”

(b) in the entry headed “Paragraphs 2(1) and 27(1) of Schedule 1”—

(i) in the heading—

(aa) after “2(1)” insert “ and (4) ”;

(bb) after “27(1)” insert “ and (3) ”;

(ii) after “declaration” insert “ and any transit accompanying document ”.

Commencement Information

I5 Reg. 4 not in force at made date, see reg. 1(2)

I6 Reg. 4 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M3 S.I. 2003/3113, amended by S.I. 2018/1260. There are other amending instruments, but none is relevant.

Amendment of the Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 U.K.

5.—(1) The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 M4 are amended as follows.

(2) In Schedule 1—

(a) in paragraph 1 omit sub-paragraph (c);

(b) after paragraph 3 insert—

“4.   The operator, and any directors or senior employees of the operator—

(a) must not have been involved in a breach of an obligation relating to tax or a Customs obligation, which in the opinion of an officer of Revenue and Customs is—

(i) a serious breach having regard to the circumstances, nature and number of breaches; and

(ii) relevant to the suitability of the operator to operate a TSF; and

(b) must not have a criminal conviction which in the opinion of an officer of Revenue and Customs is—

(i) serious having regard to the type of conviction; and

(ii) relevant to the suitability of the operator to operate a TSF.

5.   In this Schedule—

[F1 “Customs obligation” has the same meaning as in regulation 2 of the Customs (Import Duty) (EU Exit) Regulations 2018;]

“EUCL” means the direct EU legislation referred to in paragraph 1(1) of Schedule 7 to the Act;

“EU Customs Code” means—

(a)

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code;

(b)

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 provisions of the Union Customs Code; F2 ...

(c)

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; [F3 and]

(d)

[F4 Commission Delegated Regulation (EU) 2016/341 of 17 December 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards transitional rules for certain provisions of the Union Customs Code where the relevant electronic systems are not yet operational and amending Delegated Regulation (EU) 2015/2446;”].

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 5(2)(b) substituted (30.12.2020) by The Customs (Transitional) (EU Exit) Regulations 2020 (S.I. 2020/1449), regs. 1(3), 14(2)(a)

F2 Word in reg. 5(2)(b) omitted (30.12.2020) by virtue of The Customs (Transitional) (EU Exit) Regulations 2020 (S.I. 2020/1449), regs. 1(3), 14(2)(b)(i)

F3 Word in reg. 5(2)(b) inserted (30.12.2020) by The Customs (Transitional) (EU Exit) Regulations 2020 (S.I. 2020/1449), regs. 1(3), 14(2)(b)(ii)

F4 Words in reg. 5(2)(b) inserted (30.12.2020) by The Customs (Transitional) (EU Exit) Regulations 2020 (S.I. 2020/1449), regs. 1(3), 14(2)(b)(iii)

F5 Reg. 5(3) omitted (3.10.2019) by virtue of The Customs and Excise (Miscellaneous Provisions and Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1215), regs. 1(3)(e), 15(2)

Commencement Information

I7 Reg. 5 not in force at made date, see reg. 1(2)

I8 Reg. 5 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M4 S.I. 2018/1247.