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—

    1. a

      accompanies an individual when arriving in the United Kingdom; or

    2. b

      would have so accompanied an individual had the baggage not been delayed in transit to the United Kingdom;

  • “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—

    1. a

      Part 1 of the Act;

    2. b

      CEMA 19793;

    3. c

      the EU Customs Code as it had effect before exit day; or

    4. d

      after exit day—

      1. i

        the EU Customs Code except the EUCL; or

      2. ii

        the EUCL insofar as it continues to have effect as provided by Part 15 of these Regulations;

  • “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—

    1. a

      the UCC;

    2. b

      the Delegated Regulation; and

    3. 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;

  • “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

    1. a

      an entry summary declaration;

    2. b

      a temporary storage declaration; or

    3. c

      a Customs declaration;

  • “non-commercial goods” means goods—

    1. a

      which are provided by one individual to another;

    2. b

      where no payment is made, directly or indirectly, for the goods by the recipient;

    3. c

      which are for the personal use of the recipient; and

    4. d

      which do not form part of a series of consignments of goods made between the individuals;

  • “personal gifts” means goods contained within accompanied baggage of a qualifying traveller which—

    1. a

      are intended for an individual’s personal use;

    2. b

      are not imported for commercial purposes; and

    3. c

      do not form part of a series of consignments of goods imported by the qualifying traveller;

  • “qualifying traveller” means an individual who—

    1. a

      is not resident in the United Kingdom and is arriving in the United Kingdom for a temporary stay; or

    2. b

      is resident in the United Kingdom and is returning after a temporary stay outside the United Kingdom;

  • “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—

    1. a

      a Saturday or Sunday;

    2. b

      Good Friday or Christmas day; or

    3. 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.

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.