PART 1Introductory provisions
Citation and commencement1
1
These Regulations may be cited as the Customs (Import Duty) (EU Exit) Regulations 2018.
2
Subject to paragraphs (3) and (4), these Regulations come into force on such day as the Treasury may by regulations under section 52 of the Taxation (Cross-border Trade) Act 2018 appoint.
3
This regulation comes into force on 2nd January 2019.
4
The following provisions come into force on 2nd January 2019 for the purposes of any approval or authorisation required by or under these Regulations—
a
regulations 2 and 3;
b
regulations 14, 30, 31, 36 and 37 (simplified Customs declarations and the EIDR procedure) of Part 4 (declarations);
c
Part 9 (approvals and authorisations and authorised economic operators), except for regulation 92;
d
Part 10 (guarantees), except for regulation 100.
Interpretation2
In these Regulations—
“the Act” means the Taxation (Cross-border Trade) Act 2018;
“accompanied baggage” means baggage which—
- a
accompanies an individual when arriving in the United Kingdom; or
- b
would have so accompanied an individual had the baggage not been delayed in transit to the United Kingdom;
- a
“the ATA Convention” means the Customs Convention on the “A.T.A. Carnet” for the Temporary Admission of Goods, (Brussels, December 6, 1961)2;
“Customs obligation” means any obligation or requirement imposed by or under—
- a
Part 1 of the Act;
- b
CEMA 19793;
- c
the EU Customs Code as it had effect before exit day; or
- d
after exit day—
- i
the EU Customs Code except the EUCL; or
- ii
the EUCL insofar as it continues to have effect as provided by Part 15 of these Regulations;
- i
- a
“the Delegated Regulation” means the 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;
“entry summary declaration” has the same meaning as it has in Article 5(9) of the UCC;
“EUCL” means the direct EU legislation referred to in paragraph 1(1) of Schedule 7 to the Act;
“EU Customs Code” means—
- a
the UCC;
- b
the Delegated Regulation; and
- 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;
- a
“the Istanbul Convention” means the Convention on Temporary Admission (Istanbul, 26 June 1990)4;
“MRN” means a master reference number issued by HMRC in respect of goods further to any of the following being provided to HMRC—
- a
an entry summary declaration;
- b
a temporary storage declaration; or
- c
a Customs declaration;
- a
“non-commercial goods” means goods—
- a
which are provided by one individual to another;
- b
where no payment is made, directly or indirectly, for the goods by the recipient;
- c
which are for the personal use of the recipient; and
- d
which do not form part of a series of consignments of goods made between the individuals;
- a
“personal gifts” means goods contained within accompanied baggage of a qualifying traveller which—
- a
are intended for an individual’s personal use;
- b
are not imported for commercial purposes; and
- c
do not form part of a series of consignments of goods imported by the qualifying traveller;
- a
“qualifying traveller” means an individual who—
- a
is not resident in the United Kingdom and is arriving in the United Kingdom for a temporary stay; or
- b
is resident in the United Kingdom and is returning after a temporary stay outside the United Kingdom;
- a
“single guarantee” has the meaning given by regulation 97(1);
“temporary storage declaration”, except in Part 15, has the meaning given by regulation 8(2);
“temporary storage facility”, except in Part 15, has the same meaning as it has under section 25 of CEMA 19795;
“the TIR Convention” means the Customs Convention on the International Transport of Goods under cover of TIR Carnets (Geneva, 14 November 1975)6;
“the UCC” means Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code;
“working day” means any day except—
- a
a Saturday or Sunday;
- b
Good Friday or Christmas day; or
- c
a bank holiday within the meaning of section 1 of the Banking and Financial Dealings Act 19717, including those bank holidays in part only of the United Kingdom.
- a
Establishment and notices and notifications3
1
In these Regulations, a person is established in the United Kingdom—
a
in the case of an individual, where the individual is resident in the United Kingdom; and
b
in any other case, where the person—
i
has a registered office in the United Kingdom; or
ii
has a permanent place in the United Kingdom from which the person carries out activities for which the person is constituted to perform.
2
In these Regulations, a notice or notification means one made in writing and a requirement to notify is to be read accordingly.
3
A notice published by HMRC under these Regulations may make different provision for different cases or different purposes.