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The Customs Transit Procedures (EU Exit) Regulations 2018

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The Customs Transit Procedures (EU Exit) Regulations 2018, SCHEDULE 1 is up to date with all changes known to be in force on or before 21 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule 1:

  • Sch. 1 para. 2(A1)(A2) inserted by S.I. 2019/326 reg. 15(2)(a) (This amendment not applied to legislation.gov.uk. Reg. 15(2)(a) omitted on IP completion day by virtue of S.I. 2020/1491, regs. 1, 2)
  • Sch. 1 para. 27(A1)(A2) inserted by S.I. 2019/326 reg. 15(3)(a) (This amendment not applied to legislation.gov.uk. Reg. 15(2)(a) omitted on IP completion day by virtue of S.I. 2020/1491, regs. 1, 2)
  • Sch. 1 para. 35(1)(b) words inserted by S.I. 2019/486 reg. 8(2)(h) (This amendment not applied to Legislation.gov.uk - amendment superceded by SI 2020/1605, reg. 38(3)(bb))
  • Sch. 1 para. 18(2)(c) words inserted by S.I. 2024/194 reg. 3(2)(b)
  • Sch. 1 para. 64(9)(c) words omitted by S.I. 2019/1215 reg. 13(2)(d)(ii) (This amendment not applied to legislation.gov.uk. Reg. 13(2)(d)(i)(ii) omitted on IP completion day by virtue of S.I. 2020/1491, reg. 1, 3(c); S.I. 2020/1643, reg. 2, Sch.)
  • Sch. 1 para. 18(4) words substituted by S.I. 2019/1215 reg. 13(2)(a) (This amendment not applied to legislation.gov.uk. Reg. 13(2)(a) omitted on IP completion day by virtue of S.I. 2020/1491, reg. 1, 3(a); S.I. 2020/1643, reg. 2, Sch.)
  • Sch. 1 para. 64(8) words substituted by S.I. 2019/1215 reg. 13(2)(d)(i) (This amendment not applied to legislation.gov.uk. Reg. 13(2)(d)(i)(ii) omitted on IP completion day by virtue of S.I. 2020/1491, reg. 1, 3(c); S.I. 2020/1643, reg. 2, Sch.)
  • Sch. 1 para. 57(2) words substituted by S.I. 2024/194 reg. 3(2)(e)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Regulation 2

SCHEDULE 1U.K.The common transit procedure

This schedule has no associated Explanatory Memorandum

PART 1U.K.Common transit procedures that start outside [F1Great Britain]

Textual Amendments

Common transit procedure: preliminaryU.K.

1.—(1) The goods need not be presented to Customs on import M1 when goods subject to a common transit procedure that starts outside [F2Great Britain] are brought into [F2Great Britain]. If they are chargeable goods M2, they are deemed to be declared for a transit procedure within TCTA (see paragraph 58(1)(f)), section 3(4)(b), and no additional declaration for the purposes of that importation is necessary either before or on import.

(2) For the purposes of this Part, the “common transit procedure” is one covered by the Convention of 20th May 1987 on a common transit procedure in regulation 2 and applicable to the carriage of goods into [F2Great Britain] M3, and “Convention” refers to this one.

(3) Where that common transit procedure does not end in [F2Great Britain], the continuation of the procedure outside [F2Great Britain] discharges the procedure for the purposes of TCTA, Schedule 2, paragraph 19(2).

(4) Where goods transported by a fixed transport installation enter [F2Great Britain] through that installation, those goods are deemed to be subject to the common transit procedure.

(5) In this Part—

(a)a “common transit state” is a member State M4 or is any other country that is a Contracting Party to the Convention or that has acceded to it [F3, and also includes the Isle of Man, the Channel Islands and the Sovereign Base Areas of Akrotiri and Dhekelia] [F4and any reference to a common transit state is to be read as a reference to a common transit state or Northern Ireland];

(b)a “fixed transport installation” is a technical means used for the continuous transport of goods such as electricity, gas or oil.

(6) Chargeable goods may be moved within [F2Great Britain] without being subject to import duty if the movement takes place in accordance with the common transit procedure.

[F5(7) For the purposes of the common transit procedure, goods brought directly to [F2Great Britain] from the Isle of Man are not imported.

(8) Sub-paragraph (1), first indent does not apply in the case of goods brought into [F2Great Britain] directly from the Channel Islands or the SBA.

(9) For the purposes of this Schedule, references to—

(a)the Channel Islands are to the Bailiwick of Jersey or Guernsey, as the case requires;

(b)the “SBA” are to the Sovereign Base Areas of Akrotiri and Dhekelia.]

[F6(c)a “free zone” are to an area in the United Kingdom designated as a special area for customs purposes under section 100A of the Customs and Excise Management Act 1979;

(d)a “free zone business” are to a person authorised to carry out an activity described in regulation 3(2)(b)(v) or (c) of the Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018;

(e)a declaration of goods for a “free zone procedure” are to a declaration of goods for a storage procedure in a case where the goods are to be kept in a free zone.]

Textual Amendments

Commencement Information

I1Sch. 1 para. 1 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M1As would otherwise be the case under the Taxation (Cross-border Trade) Act 2018, Schedule 1, paragraph 1(1).

M2The Taxation (Cross-border Trade) Act 2018, section 2 covers “chargeable goods”.

M3Articles 1 to 6 of the Convention provide further details.

Presentation of goods moved subject to the common transit procedure to the HMRC customs office of transitU.K.

2.—[F7(A1) Where the intended point of entry into Great Britain of the goods in paragraph 1(1) is at a location [F8listed] in a public notice published by HMRC, the MRN of the declaration of the goods (see sub-paragraph (3)) and one of the numbers specified in sub-paragraph (A6) must be provided, before the goods are brought into Great Britain, to a person listed in the notice, in the form and manner specified in the notice.

(A2) HMRC must state in the notice the date on which a listing is made and the date it has effect.

(A3) Except in cases of urgency, a listing must not have effect earlier than 30 days after the date on which the listing is made.

(A4) HMRC may vary or cancel any listing.

[F9(A4A) Any variation or cancellation must state the date on which it is made and the date it has effect.

(A4B) Except in cases of urgency, any variation or cancellation must not have effect earlier than 30 days after the date on which it is made.]

(A5) A notice must further—

(a)identify a location which is listed, including by reference to a postcode or a delineation on a map or plan, and

(b)be published as soon as practicable after it is made.

(A6) The specified numbers are—

(a)the vehicle registration number of any vehicle in which the goods are carried,

(b)the vehicle registration number of any trailer in which the goods are carried, or

(c)the container identification number of any container in which the goods are carried.]

[F10(1) Where sub-paragraph (A1) does not apply—

(a)the goods in paragraph 1(1) must, once brought into Great Britain, be presented to the HMRC customs office of transit (see paragraphs 58(1)(d) and sub-paragraph (2)); and

(b)the MRN of the declaration of the goods must be provided to the HMRC customs office of transit at the time and in the form and manner specified in a public notice published by HMRC.]

(2) In this Part, an “HMRC customs office of transit” is—

(a)the HMRC office competent for the point of entry into [F11Great Britain] when the goods are entering [F11Great Britain] in the course of a common transit procedure; or

(b)the HMRC office competent for the point of exit from [F11Great Britain] when the goods are leaving [F11Great Britain], in the course of a common transit procedure, via a frontier with another territory that is not a common transit state.

(3) In this Part, the “MRN” is the master reference number allocated by the competent customs authority outside [F11Great Britain] to the declaration made there for the common transit procedure.

F12(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) HMRC must record the border passage of the goods on the basis of the particulars of the common transit procedure received from the customs office of departure pursuant to the Convention. That passage must be notified by HMRC to the customs office of departure [F14, if the customs office of departure does not already have these particulars].

(7) In this Part, the “customs office of departure” is the customs office outside [F11Great Britain] where the declaration was accepted for the goods subject to the common transit procedure.

(8) Where goods are carried via an HMRC customs office of transit that is not the one declared, HMRC must request the particulars of the common transit procedure from the customs office of departure (but only if they do not already have these particulars) and notify the border passage of the goods to the customs office of departure.

(9) Any inspection of the goods at an HMRC customs office of transit must be carried out mainly on the basis of the particulars of the common transit procedure received from the customs office of departure.

(10) Sub-paragraphs (1), (6) and (8) do not apply to the transport of goods by rail provided that HMRC can verify the border passage of the goods by other means. Such verification must take place only in the case of need, and may take place retrospectively.

[F15(11) Each of sub-paragraphs (A1), (1) and (6) do not apply where the goods are to be, or are, brought into the United Kingdom directly from the Isle of Man, the Channel Islands or the SBA.]

Textual Amendments

Commencement Information

I2Sch. 1 para. 2 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Incidents in [F16Great Britain] during movements of goods subject to the common transit procedureU.K.

3.—(1) A carrier (see sub-paragraph (2)) must present the goods [F17and provide] the MRN of the declaration to HMRC if, within [F18Great Britain]—

(a)the carrier is obliged to deviate from a route prescribed by the customs office of departure due to circumstances beyond the carrier's control;

(b)the seals are broken or tampered with in the course of the transport operation for reasons beyond the carrier's control;

(c)goods are transferred from one means of transport to another means of transport;

(d)imminent danger necessitates partial or total unloading of the sealed means of transport;

(e)there is an incident which may affect the ability of the holder of the procedure (see sub-paragraph (5)) or the carrier

(f)to comply with their respective obligations; or

(g)any of the elements constituting a single means of transport is changed, namely—

(i)a road vehicle accompanied by each of its trailers or semi-trailers;

(ii)a set of coupled railway carriages or wagons;

(iii)boats constituting a single chain.

(2) In this Part (except for the purposes of paragraph 4(5)(a)), in the context of entry, the “carrier” is the person who brings the goods, or who assumes responsibility for the carriage of the goods, into [F18Great Britain]. And in the context of exit, the “carrier” is the person who takes the goods, or who assumes responsibility for the carriage of the goods, out of [F18Great Britain].

(3) Where HMRC consider that the common transit procedure concerned may continue, they may take any steps that they consider necessary.

(4) In the case of an incident referred to in sub-paragraph (1)(c), presentation of the goods [F19and provision of] the MRN of the declaration is not required if the following conditions are fulfilled—

(a)the goods are transferred from a means of transport that is not sealed; and

(b)the holder of the procedure (see sub-paragraph (5)) or the carrier on behalf of the holder of the procedure provides relevant information concerning the transfer to the satisfaction of HMRC.

(5) In this Part (except for the purposes of paragraph 4(5)(b)), the “holder” of the procedure is the person who lodges the declaration for the common transit procedure, or on whose behalf that declaration is lodged.

(6) In the case of an incident referred to in sub-paragraph (1)(f), the carrier may continue the common transit procedure when one or more carriages or wagons are withdrawn from a set of coupled railway carriages or wagons due to technical problems.

(7) In the case referred to in sub-paragraph (6), the carrier is waived from the presentation of the goods and [F20provision] of the MRN of the declaration to HMRC.

(8) In the case of an incident referred to in sub-paragraph (1)(f), where the tractor unit of a road vehicle is changed without its trailers or semi-trailers being changed, presentation of the goods [F21and provision of] the MRN of the declaration is not required if the holder of the procedure, or the carrier on behalf of the holder of the procedure, provides relevant information concerning the composition of the road vehicle to the satisfaction of HMRC.

[F22(9) In the cases referred to in sub-paragraphs (1)(a) to (f), the MRN must be provided to HMRC at the time and in the form and manner specified in a public notice published by HMRC.]

(10) Relevant information concerning incidents during common transit procedures must be recorded in the electronic transit system by HMRC.

In this Part, the “electronic transit system” is any such system used by the common transit states for the completion of the customs formalities of the common transit procedure.

Textual Amendments

Commencement Information

I3Sch. 1 para. 3 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

End of the common transit procedure in [F23Great Britain] (1): obligations of the holder of the procedure, and of the carrier and recipient of goods moving subject to the procedureU.K.

4.—(1) The holder of the common transit procedure is responsible for all of the following—

(a)presentation of the goods intact, and the required information in paragraph 5(1)(c), at the HMRC customs office of destination in [F24Great Britain] (see sub-paragraph (2)) within the time-limit set by the customs office of departure and in compliance with the measures taken by HMRC and other customs authorities to ensure their identification;

(b)observance of the customs provisions relating to the procedure;

(c)provision of any guarantee mentioned in the Convention in order to ensure payment of any import duty and other charges which may be incurred in respect of the goods.

(2) In this Part, the “HMRC customs office of destination” is the HMRC office where the goods subject to the common transit procedure are presented in order to end the procedure.

(3) The obligation of the holder of the procedure in sub-paragraph (1) is met and the common transit procedure ends when the goods subject to the common transit procedure and the required information are available at the HMRC customs office of destination, in accordance with paragraph 5. This does not apply in a case covered by sub-paragraph (6) or (7).

(4) A carrier, or recipient of goods who accepts goods knowing that they are moving subject to the common transit procedure, is also responsible for presentation of the goods intact at the HMRC customs office of destination within the time-limit set by the customs office of departure and in compliance with the measures taken by HMRC and other customs authorities to ensure their identification.

(5) For the purposes of this Part and sub-paragraph (4)—

(a)the operator of a fixed transport installation who is established in the United Kingdom is the carrier;

(b)the holder of the common transit procedure in the case of a fixed transport installation is—

(i)the operator of the installation who is established in the common transit state where the goods are placed in the installation at the start of the common transit procedure, or

(ii)the operator of the installation who is established in the common transit state in the territory of which the goods enter a common transit state.

The operator in either paragraph (b)(i) or (ii) must agree with HMRC the methods of customs control over the goods transported.

(6) The common transit procedure is deemed to have ended when the appropriate entry is made in the commercial records of the consignee, or the operator of a fixed transport installation, certifying that the goods transported by fixed transport installation—

(a)have arrived at the consignee's plant;

(b)are accepted into the distribution network of the consignee; or

(c)have left [F25Great Britain] for a country other than a common transit state.

(7) If an electronic transport document is used as the declaration if so authorised under provision corresponding to paragraph 18(5), the common transit procedure ends when both the goods are presented at the HMRC customs office of destination for the airport and the particulars of the electronic transport document have been made available to that customs office in accordance with the means defined in the authorisation.

(8) The holder of the common transit procedure for the purposes of a case covered by sub-paragraph (7) must notify HMRC, at the HMRC customs office of destination, of all offences and irregularities related to the common transit procedure.

Textual Amendments

Commencement Information

I4Sch. 1 para. 4 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

5.—[F26(1) Where goods subject to the common transit procedure arrive at the HMRC customs office of destination—U.K.

(a)the goods must be presented to HMRC at that office, together with any information required by HMRC, and

(b)the MRN of the declaration of the goods must be provided to HMRC at the time and in the form and manner specified in a public notice published by HMRC.

The presentation of the goods and any required information must take place during the official opening hours of the office. However HMRC may, at the request of the person concerned, allow the presentation of the goods and any required information to take place outside the official opening hours or at any other place.]

(2) Where the presentation [F27of the goods and any information required by HMRC or the provision of the MRN of the declaration of the goods] has taken place after the expiry of the time-limit set by the customs office of departure, the holder of the common transit procedure is deemed to have complied with the time-limit where the holder or the carrier proves to the satisfaction of HMRC that the delay is not attributable to the holder or carrier.

(3) The common transit procedure may be ended at an HMRC office other than that declared in the declaration. That office is then the HMRC customs office of destination.

[F28(4) HMRC must notify the customs office of departure of the arrival of the goods on the first day on which the requirements of sub-paragraph (1) are complied with if the customs office of departure does not already have these particulars.]

(5) At the request of the person presenting the goods to the HMRC customs office of destination, HMRC must endorse a receipt which certifies the presentation of the goods at that customs office [F29in Great Britain] and contains a reference to the MRN of the declaration.

(6) The receipt must be provided as stipulated by paragraph 8 and must be completed in advance by the person concerned.

(7) The receipt must not be used as proof of the common transit procedure having ended.

Textual Amendments

Commencement Information

I5Sch. 1 para. 5 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

End of the common transit procedure in [F30Great Britain] (2): goods received by an authorised consigneeU.K.

6.—(1) Upon application, HMRC may authorise the following simplification regarding the end of the common transit procedure in [F31Great Britain], namely the status of “authorised consignee”, allowing the holder of the authorisation to receive goods moved under the common transit procedure at an authorised place [F32which is approved as a temporary storage facility] to end the procedure under paragraph 4(3).

(2) The authorisation may be granted to an applicant fulfilling the following conditions, but only if HMRC consider that they will be able to exercise control of the goods subject to the common transit procedure without introducing administrative measures disproportionate to the requirements of the person concerned—

(a)the applicant must be established in the United Kingdom;

(b)the applicant will regularly receive goods subject to the common transit procedure;

(c)the applicant, and any director or senior employee of the applicant, have not 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 and nature of any breach and the number of any breaches; and

(ii)relevant to the suitability of the applicant to be an authorised consignee;

(d)the applicant, and any director or senior employee of the applicant, have no criminal convictions which in the opinion of an officer of Revenue and Customs are—

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

(ii)relevant to the suitability of the applicant to be an authorised consignee;

(e)the applicant maintains a logistical system and records that identify the movement of, and transactions in, chargeable goods and domestic goods and facilitate compliance with Customs obligations;

(f)the applicant meets any professional standards of competence stipulated in a public notice or, in the opinion of an officer of Revenue and Customs, the applicant's practical experience makes the applicant suitable to be an authorised consignee;

(g)the applicant must be able to comply with any condition additional to paragraphs (a) to (f) which HMRC consider will be a justified condition of the authorisation if granted.

(3) For the purposes of sub-paragraph (2)(a), the applicant is established in the United Kingdom—

(a)in the case of an individual, where the individual is resident in the United Kingdom; or

(b)in any other case, where the applicant—

(i)has a registered office in the United Kingdom; or

(ii)has a permanent place in the United Kingdom from which the applicant carries out activities for which the applicant is constituted to perform.

Textual Amendments

Commencement Information

I6Sch. 1 para. 6 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

7.—(1) When the goods arrive at the authorised place in paragraph 6(1), the authorised consignee must—U.K.

(a)immediately notify the HMRC customs office of destination about the arrival of the goods and inform them of any irregularities or incidents that occurred during transport;

(b)unload the goods, but only after obtaining permission to do so from HMRC;

(c)after unloading, enter the results of the inspection and any other relevant information relating to the unloading into the authorised consignee's records without delay;

(d)notify the HMRC customs office of destination about the results of the inspection of the goods and inform them of any irregularities, no later than the third day following the day on which permission from HMRC to unload the goods was received.

(2) When HMRC have received notification of the arrival of the goods at the premises of the authorised consignee under sub-paragraph (1), they must notify the customs office of departure of the arrival of the goods.

(3) The holder of the common transit procedure is deemed to have fulfilled the applicable obligations in paragraph 4(1), and the common transit procedure is deemed to end in accordance with paragraph 4(3), when the goods have been presented intact to the authorised consignee at the authorised place as provided for in paragraph 6(1) within the time-limit set by the customs office of departure.

(4) At the carrier's request, the authorised consignee must issue a receipt which certifies the arrival of the goods at the authorised place in paragraph 6(1) and contains a reference to the MRN of the declaration. The receipt must be provided as stipulated by paragraph 8.

Commencement Information

I7Sch. 1 para. 7 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Receipt endorsed by the HMRC customs office of destination, and receipt issued by authorised consigneeU.K.

8.  A receipt under paragraph 5(5) or 7(4) must take the form stipulated in a public notice.

Commencement Information

I8Sch. 1 para. 8 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Verification and administrative assistanceU.K.

9.—(1) HMRC may use their powers to carry out post-release controls of the information supplied and of any documents, forms, authorisations or data relating to the common transit procedure in order to check that the entries, the information exchanged and the stamps are authentic.

(2) They must respond without delay upon receiving a request for such controls from the customs authority of another common transit state.

(3) Where the competent customs authority (see paragraph 58(1)(b)) of the place of departure makes a request to HMRC for a post-release control of information related to the common transit procedure, the conditions laid down in paragraph 13(1) for discharging the common transit procedure are deemed not to have been fulfilled until the authenticity and accuracy of the data have been confirmed.

(4) For these purposes, “post-release control” is a specific act performed by HMRC in order to ensure compliance with customs and other legislation governing the common transit procedure.

Commencement Information

I9Sch. 1 para. 9 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Controls and issuing of alternative proofU.K.

10.—(1) Where the common transit procedure ends in [F33Great Britain], HMRC must carry out customs controls on the basis of the particulars of the common transit procedure received from the customs office of departure.

(2) Where the common transit procedure ends in [F33Great Britain], no irregularity has been detected by HMRC, and the holder of the procedure presents the transit accompanying document, HMRC must endorse that document at the request of the holder of the procedure for the purpose of providing alternative proof of the ending of the procedure.

(3) The endorsement must consist of the HMRC stamp, the signature of an officer of Revenue and Customs, the date, and the following: “Alternative proof — 99202”.

Textual Amendments

Commencement Information

I10Sch. 1 para. 10 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Sending the control resultsU.K.

11.—(1) HMRC must notify the control results to the customs office of departure at the latest on the third day following the day the goods are presented in accordance with paragraph 5(1) [F34if the customs office of departure does not already have these particulars]. In exceptional cases, that time-limit may be extended up to six days.

(2) Where goods are received by an authorised consignee as referred to in paragraph 6(1), the customs office of departure must be notified at the latest on the sixth day following the day the goods were delivered to the authorised consignee [F35if the customs office of departure does not already have these particulars].

Textual Amendments

Commencement Information

I11Sch. 1 para. 11 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Enquiry procedure for goods moved subject to the common transit procedureU.K.

12.—(1) HMRC must send the control results immediately after receiving a request from the customs office of departure where that request is made because that office has not received the control results in accordance with paragraph 11.

(2) HMRC must send their reply within 28 days from the day on which a request was sent to them by the customs office of departure for one or more of the following reasons—

(a)the customs office of departure has not received the notification of arrival of the goods by the expiry of the time-limit for the presentation of the goods mentioned in paragraph 5(2);

(b)the customs office of departure has not received the control results requested in accordance with sub-paragraph (1);

(c)the customs office of departure becomes aware that the notification of arrival of the goods was or the control results were sent in error.

(3) Sub-paragraph (2) applies only if—

(a)the request is sent to HMRC within a period of seven days after the expiry of the time-limit in sub-paragraph (2)(a) or the time-limit applicable by virtue of paragraph 11 to sub-paragraph (2)(b), or

(b)the request is sent without delay to HMRC before the expiry of the time-limit if the customs office of departure receives information that the common transit procedure has not ended correctly, or suspects that to be the case.

(4) HMRC must within 40 days from the date on which it was sent, reply to a request from the customs office of departure where—

(a)the request indicates that HMRC have not provided sufficient information for the common transit procedure to be discharged,

(b)that customs office has, at the latest 28 days after initiating the enquiry procedure, requested the holder of the common procedure to provide that information,

(c)the request indicates that the information provided in reply from the holder of the procedure is not sufficient to discharge the common transit procedure, and

(d)that customs office has immediately sent the request for supplementary information to HMRC.

Commencement Information

I12Sch. 1 para. 12 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Discharge of the common transit procedureU.K.

13.—(1) The common transit procedure ending in [F36Great Britain] is discharged when HMRC and [F37, if different,] the customs authority for the customs office of departure outside [F36Great Britain] are in a position to establish, on the basis of a comparison of the data available to the customs office of departure and HMRC, that the procedure has ended correctly. The deemed transit procedure in paragraph 1(1) is then deemed to be similarly discharged for the purposes of TCTA, Schedule 2, paragraph 19(2).

(2) HMRC, acting with other customs authorities as appropriate and as the case requires, must take all the measures necessary and within their powers to regularise the situation of the goods in respect of which a common transit procedure has not been discharged under the conditions prescribed.

(3) In the case of a common transit procedure ending in [F36Great Britain] under paragraph 4(7), that common transit procedure is deemed to be discharged unless HMRC have received information or have established that the procedure has not ended correctly. The deemed transit procedure in paragraph 1(1) is then deemed to be similarly discharged for the purposes of TCTA, Schedule 2, paragraph 19(2).

[F38(4) The deemed transit procedure in paragraph 1(1) is deemed to be discharged, and paragraph 14 does not apply, when and to the extent that the goods in question are declared and accepted for another Customs procedure pursuant to TCTA, Schedule 2, paragraph 18(2).]

Textual Amendments

Commencement Information

I13Sch. 1 para. 13 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Consequences of common transit procedure dischargeU.K.

14.—(1) On the discharge of a common transit procedure in [F39Great Britain], except under paragraph 1(3), the [F40chargeable] goods that were subject to it become subject to TCTA, sections 1 and 3 (charge to import duty and obligation to declare goods for a Customs procedure on import) and to regulations under the Customs and Excise Management Act 1979 M5, section 42(1) (regulation of unloading, removal, etc. of imported goods).

(2) They are then deemed to have been presented to Customs on import for the purposes of TCTA, Schedule 1, paragraph 1(1) (imported goods to be presented to Customs).

(3) [F41Except where sub-paragraph (4) applies, a [F42temporary storage] declaration] in respect of them is then deemed to have been made F43....

[F44(3A) “Temporary storage declaration” has the meaning given by regulation 8(2) of the Customs (Import Duty) (EU Exit) Regulations 2018.]

[F45(4) This sub-paragraph applies where, immediately before the procedure is discharged—

(a)the chargeable goods that are subject to it—

(i)are in a free zone; and

(ii)have been received in the free zone by or on behalf of a free zone business;

(b)that free zone business is authorised to declare goods for a free zone procedure;

(c)that free zone business or a person acting with their authority has—

(i)made an entry into that business’s commercial records containing the particulars specified in a notice published by HMRC; and

(ii)notified a responsible authority for that free zone that the goods have been received;

(d)the case is not one set out in version 1 of the document dated 14 October entitled “Cases where goods cannot be declared by conduct or are not treated as declared for a free zone procedure on discharge of a transit procedure in a free zone” ;

(e)if a notification that goods are to be kept in a free zone was required under regulation 18D(1) of the Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018, that notification has been given to HMRC; and

(f)the goods have not been declared for another customs procedure.

(5) A notification under sub-paragraph (4)(c)(ii) must—

(a)contain the matters; and

(b)be made in the form and manner,

specified in a notice published by HMRC.

(6) Where sub-paragraph (4) applies, the goods are treated on the discharge of the procedure as if they have been declared for a free zone procedure, and acceptance of the Customs declaration is treated as having occurred immediately.

(7) HMRC must publish a notice specifying—

(a)the particulars referred to in sub-paragraph (4)(c)(i); and

(b)the matters referred to in sub-paragraph (5).]

Textual Amendments

Commencement Information

I14Sch. 1 para. 14 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M51979 c. 2; section 42(1) is amended, on a day to be appointed, by the Taxation (Cross-border Trade) Act 2018, Schedule 7, paragraph 36.

HMRC controls and sealsU.K.

15.  Whenever a seal needs to be removed in [F46Great Britain] to allow customs inspection for the purposes of this Part, HMRC must endeavour to reseal as necessary with a customs seal of at least equivalent security features, and note the particulars of the action including the new seal number on the cargo documentation.

Textual Amendments

Commencement Information

I15Sch. 1 para. 15 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

PART 2U.K.Common transit procedures that start in [F47Great Britain]

Textual Amendments

Common transit procedure: preliminaryU.K.

16.—(1) For the purposes of this Part, the “common transit procedure” is one covered by the Convention of 20th May 1987 on a common transit procedure in regulation 2 and applicable to the carriage of domestic goods M6 or chargeable goods from [F48Great Britain] M7, and “Convention” refers to this one.

(2) Where the goods are in [F48Great Britain] and are transported by a fixed transport installation, those goods are deemed to be subject to the common transit procedure once placed into the fixed transport installation.

(3) In this Part, the “HMRC customs office of departure” is the HMRC office in [F48Great Britain] where the declaration for the goods to the common transit procedure is accepted.

And the “customs office of destination” is the customs office in any common transit state where the goods subject to the common transit procedure are presented in order to end the procedure.

(4) In this Part, “common transit state” and “fixed transport installation” have the same meanings as in paragraph 1(5).

(5) Chargeable goods may be moved within [F48Great Britain] without being subject to import duty if the movement takes place in accordance with the common transit procedure.

Textual Amendments

Commencement Information

I16Sch. 1 para. 16 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M6The Taxation (Cross-border Trade) Act 2018, section 33 covers “domestic goods”.

M7Articles 1 to 6 of the Convention provide further details.

17.—(1) The common transit procedure applies to goods passing through a country or territory outside [F49Great Britain] if one of the following conditions is fulfilled—U.K.

(a)the country or territory is a common transit state;

(b)carriage through that country or territory is effected under cover of a single transport document drawn up in [F50Great Britain] (but the common transit procedure is suspended in territory that is not part of a common transit state).

(2) This Part does not authorise any export of goods from the United Kingdom otherwise than in accordance with the applicable export provisions M8.

Textual Amendments

Commencement Information

I17Sch. 1 para. 17 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M8Defined in the Taxation (Cross-border Trade) Act 2018, section 35.

Formalities in [F51Great Britain]U.K.

18.—(1) HMRC may authorise the simplification in sub-paragraph (4), (5), (7) or (8) regarding the common transit procedure or the end of that procedure.

(2) In each case, the authorisation may be granted to an applicant fulfilling the following conditions, but only if HMRC consider that they will be able to exercise control of the goods subject to the common transit procedure without introducing administrative measures disproportionate to the requirements of the person concerned—

(a)the applicant must be established in the United Kingdom;

(b)the applicant will regularly use the common transit procedure;

(c)identical conditions to those described in sub-paragraphs (c) to (g) of paragraph 6(2) (and not restricted to authorised consignees) are fulfilled in relation to the applicant.

(3) For the purposes of sub-paragraph (2)(a), the applicant is established in the United Kingdom—

(a)in the case of an individual, where the individual is resident in the United Kingdom; or

(b)in any other case, where the applicant—

(i)has a registered office in the United Kingdom; or

(ii)has a permanent place in the United Kingdom from which the applicant carries out activities for which the applicant is constituted to perform.

(4) Authorisation as an “authorised consignor” allows the holder of the authorisation to declare goods for the common transit procedure without presenting them to HMRC.

[F52Such authorisation must only be granted to an applicant who is authorised either—

(a)in accordance with Part 10 of the import duty regulations to provide a comprehensive guarantee, or to use a guarantee waiver if approved by HMRC under paragraph 64(10), or

(b)by customs authorities of another common transit state to provide a comprehensive guarantee or to use a guarantee waiver provided that—

(i)the authorisation has been issued in accordance with Article 55(1)(a) of Appendix 1 to the Convention and has not been annulled or revoked and is not suspended, and

(ii)the general conditions for authorisation at Article 57(1) of Appendix 1 to the Convention were satisfied at the time the authorisation was granted.]

(5) Authorisation, in the case of air transport, to use an electronic transport document as a declaration for the common transit procedure, provided it contains the particulars of such declaration and those particulars are available to HMRC and the customs authority for the place of destination to allow the customs control of the goods and the discharge of the procedure.

(6) The authorisation in sub-paragraph (5) must only be granted where—

(a)HMRC have consulted the customs authority for the airport of destination [F53, where that customs authority is not HMRC] and have received no notification from that authority, within 45 days from the communication, that the applicant does not fulfil one or more of the conditions for granting the authorisation;

(b)the applicant operates a significant number of flights between common transit state airports; and

(c)the applicant demonstrates the ability to ensure that the particulars of the electronic transport document are available to HMRC for the airport of departure, and to the customs office of destination for the airport of destination, and that those particulars are the same.

(7) Authorisation to use seals of a special type as set out in the application, where sealing is required to ensure the identification of the goods subject to the common transit procedure.

(8) Authorisation for the status of “authorised consignee”, allowing the holder of the authorisation to receive goods moved under the common transit procedure at an authorised place [F54which is approved as a temporary storage facility] to end the procedure under paragraph 29(4).

This status must only be granted to applicants who will regularly receive goods subject to the common transit procedure.

Textual Amendments

Commencement Information

I18Sch. 1 para. 18 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

19.—[F55(A1) The presentation of the goods at the HMRC customs office of departure must take place during the official opening hours of the office. However HMRC may, at the request of the person concerned, allow the presentation to take place outside the official opening hours or at any other place.]U.K.

(1) Each declaration for the common transit procedure must include only goods subject to that procedure that are moved, or are to be moved, from one customs office of departure to one customs office of destination on a single means of transport, in a container or in a package. The declaration must, in particular, correctly declare the goods for the T1 or T2 procedure as provided for in the Convention.

(2) However, one declaration for the common transit procedure may include goods moved, or to be moved, from one customs office of departure to one customs office of destination in more than one container, or in more than one package, where the containers or packages are loaded on a single means of transport.

(3) For the purposes of this paragraph, any of the following constitute a single means of transport, provided that the goods are dispatched together—

(a)a road vehicle accompanied by each of its trailers or semi-trailers;

(b)a set of coupled railway carriages or wagons;

(c)boats constituting a single chain.

(4) Where for the purposes of the common transit procedure a single means of transport is used for loading goods at more than one HMRC customs office of departure and for unloading at more than one customs office of destination, separate declarations must be lodged for each of the consignments.

Textual Amendments

Commencement Information

I19Sch. 1 para. 19 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

20.—(1) HMRC must set a time-limit within which the goods must be presented at the customs office of destination, taking into account the following—U.K.

(a)the route;

(b)the means of transport;

(c)transport legislation or other legislation which might have an impact on setting a time-limit;

(d)any relevant information communicated to HMRC by the holder of the common transit procedure.

(2) In this Part, the “holder” of the procedure is the person who lodges the declaration in [F56Great Britain] for the common transit procedure, or on whose behalf that declaration is lodged.

But where goods are transported by a fixed transport installation, the holder of the common transit procedure is the operator of the fixed transport installation in [F56Great Britain], and that operator must agree with HMRC the methods of customs control over the goods transported.

(3) Goods subject to the common transit procedure must be moved to the customs office of destination along an economically justified route.

(4) Where HMRC consider or the holder of the procedure considers it necessary, HMRC must prescribe a route for the movement of goods during the common transit procedure taking into account any relevant information communicated to HMRC by the holder of the procedure.

When prescribing a route, HMRC must enter in the electronic transit system at least the indication of the common transit states through which the transit is to take place.

In this Part, the “electronic transit system” is any such system used by the common transit states for the completion of the customs formalities of the common transit procedure.

Textual Amendments

Commencement Information

I20Sch. 1 para. 20 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Sealing as an identification measureU.K.

21.—(1) Where goods are to be subject to the common transit procedure, HMRC must seal the following—

(a)the space containing the goods, where the means of transport or container has been recognised by them as suitable for sealing;

(b)each individual package, in other cases.

(2) HMRC must record the number of the seals and the individual seal identifiers, in the electronic transit system.

Commencement Information

I21Sch. 1 para. 21 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

22.—(1) HMRC must consider means of transport or a container to be suitable for sealing on the following conditions—U.K.

(a)seals can be simply and effectively affixed to the means of transport or container;

(b)the means of transport or container is so constructed that when goods are removed or introduced, the removal or introduction leaves visible traces, the seals are broken or show signs of tampering, or an electronic monitoring system registers the removal or introduction;

(c)the means of transport or container contains no concealed spaces where goods may be hidden;

(d)the spaces reserved for the goods are readily accessible for inspection by a customs authority.

(2) Road vehicles, trailers, semi-trailers and containers approved for the carriage of goods under customs seal in accordance with the Convention, or any other international agreement to which the United Kingdom is a party and to similar effect, are also suitable for sealing.

Commencement Information

I22Sch. 1 para. 22 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

23.—(1) Customs seals, and seals of a special type in paragraph 18(7), must have at least the following essential characteristics and comply with the following technical specifications—U.K.

(a)essential characteristics of the seals—

(i)remaining intact and securely fastened in normal use;

(ii)being easily checkable and recognisable;

(iii)being so manufactured that any breakage, tampering or removal leaves traces visible to the naked eye;

(iv)being designed for single use or, if intended for multiple use, being so designed that they can be given a clear, individual identification mark each time they are re-used;

(v)bearing individual seal identifiers which are permanent, readily legible and uniquely numbered;

(b)technical specifications—

(i)the form and dimensions of seals may vary with the sealing method used but the dimensions are such as to ensure that identification marks are easy to read;

(ii)the identification marks of seals must be impossible to falsify and difficult to reproduce;

(iii)the material used must be resistant to accidental breakage and such as to prevent undetectable falsification or reuse.

(2) Where seals, or seals of a special type in paragraph 18(7), have been certified by a competent body in accordance with ISO International Standard No 17712:2013 ‘Freight containers – Mechanical Seals’M9 published by the International Organization for Standardization in May 2013, Edition 2 (or any later edition), those seals are deemed to fulfil the requirements laid down in sub-paragraph (1).

HMRC must ensure that, for containerised transports, seals or seals of a special type with high-security features must be used to the widest possible extent.

(3) The customs seal must bear the following indications—

(a)the word “Customs” or a corresponding abbreviation;

(b)the F57... country code, in the form of the ISO-alpha-2 country code M10, “GB”.

(4) A seal of a special type must bear either of the following indications—

(a)the name of the person authorised in accordance with paragraph 18(7) to use it;

(b)the corresponding abbreviation or code on the basis of which HMRC can identify the person concerned.

(5) The holder of the procedure must enter the number and the individual seal identifiers of the seals of a special type in the declaration and those seals must be affixed no later than when the goods are released for the common transit procedure.

(6) HMRC must—

(a)notify the customs authorities of the other common transit states of seals of a special type which they have decided to approve, and have not decided to approve for reasons of irregularities or technical deficiencies;

(b)review the seals of a special type approved by them and in use, when they receive information that another customs authority has decided not to approve a particular seal of a special type;

(c)conduct a mutual consultation in order to reach a common assessment;

(d)monitor the use of the seals of a special type in paragraph 18(7).

Textual Amendments

Commencement Information

I23Sch. 1 para. 23 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M9The standard is available at https://www.iso.org/standard/62464.html. A hard copy may by inspected free of charge by arrangement with HM Revenue and Customs at 100 Parliament Street, London, SW1A 2BQ.

M10Described at https://www.iso.org/obp/ui/#search. A hard copy may be inspected free of charge by arrangement with HM Revenue and Customs at 100 Parliament Street, London, SW1A 2BQ.

Alternative identification measures to sealingU.K.

24.—(1) By way of derogation from paragraph 21, HMRC may decide not to seal the goods subject to the common transit procedure and instead rely on the description of the goods in the declaration or in the supplementary documents, provided that the description is sufficiently precise to permit easy identification of the goods and states their quantity, nature and any special features such as serial numbers of the goods.

(2) By way of derogation from paragraph 21, unless HMRC decide otherwise, neither the means of transport nor the individual packages containing the goods need be sealed where—

(a)the goods are carried by air, and either labels are affixed to each consignment bearing the number of the accompanying airway bill, or the consignment constitutes a load unit on which the number of the accompanying airway bill is indicated; or

(b)the goods are carried by rail, and identification measures are applied by the railway companies.

Commencement Information

I24Sch. 1 para. 24 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Release of goods for the common transit procedureU.K.

25.—(1) Only goods which have been sealed in accordance with paragraph 21, or in respect of which alternative identification measures have been taken in accordance with paragraph 24, may be released for the common transit procedure.

(2) On release of the goods, HMRC must transmit the particulars of the common transit procedure—

(a)to the declared customs office of destination;

(b)to each declared customs office of transit that corresponds in another common transit state to the HMRC office in paragraph 27(2)(b).

Those particulars must be based on data derived from the declaration, as amended where appropriate.

(3) Sub-paragraph (2) does not apply in the case of a declared office that is an HMRC office [F58that has the particulars in question].

(4) HMRC must notify the holder of the procedure of the release of the goods for the common transit procedure.

(5) At the request of the holder of the common transit procedure, HMRC must provide a transit accompanying document to the holder of the procedure.

The transit accompanying document must comply with the data requirements stipulated in a public notice.

(6) In the case of an electronic transport document used as a declaration for air transport in paragraph 18(5) and (6), the goods may be released for the common transit procedure by HMRC when the particulars of the electronic transport document have been made available to the HMRC customs office of departure for the airport in accordance with the means identified in the authorisation.

(7) Where the goods are to become subject to the common transit procedure, the holder of the procedure must enter the appropriate codes next to all items in the electronic transport document.

(8) Goods subject to the common transit procedure are subject to the control for customs purposes of any officer of Revenue and Custom, pursuant to this Part or otherwise.

(9) In the case of chargeable goods released and subject to a common transit procedure that starts in [F59Great Britain], these are deemed to be declared for a transit procedure within TCTA, section 3(4)(b). These goods need not be presented to Customs on re-import when they are brought into [F59Great Britain], and for the purposes of that re-importation no additional declaration is necessary before or on re-import.

[F60(10) But if the goods in sub-paragraph (9) are re-imported directly from the Channel Islands or the SBA, those goods must be presented to Customs on re-import when they are brought into [F61Great Britain].

(11) The goods in sub-paragraph (9) remain subject to paragraph 27, except as provided for by paragraph 27(8).]

Textual Amendments

Commencement Information

I25Sch. 1 para. 25 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Goods declared for the common transit procedure by an authorised consignorU.K.

26.—(1) An authorised consignor intending to declare goods for the common transit procedure must lodge a declaration at the HMRC customs office of departure and await the expiry of the time-limit specified for this purpose in the authorisation under paragraph 18(4).

(2) The authorised consignor must enter the following information into the electronic transit system—

(a)the route, if prescribed in accordance with paragraph 20(4);

(b)the time-limit set in accordance within paragraph 20(1) within which the goods must be presented at the customs office of destination;

(c)the number and the individual seal identifiers of the seals, where appropriate.

(3) The authorised consignor must [F62if required to do so by an HMRC officer] print a transit accompanying document that complies with the data requirements stipulated in a public notice, but only after receipt of the notification of the release of the goods for the common transit procedure.

Textual Amendments

Commencement Information

I26Sch. 1 para. 26 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Presentation of goods moved subject to the common transit procedure to the HMRC customs office of transitU.K.

27.—[F63(A1) Where the intended point of re-entry into Great Britain of the goods is at a location [F64listed] in a public notice published by HMRC, the MRN of the declaration of the goods (see [F65sub-paragraph (2)(a)]) and one of the numbers specified in sub-paragraph (A6) must be provided, before the goods are brought into Great Britain, to a person listed in the notice in the form and manner specified in the notice.

(A2) HMRC must state in the notice the date on which a listing is made and the date it has effect.

(A3) Except in cases of urgency, a listing must not have effect earlier than 30 days after the date on which the listing is made.

(A4) HMRC may vary or cancel any listing.

[F66(A4A) Any variation or cancellation must state the date on which it is made and the date it has effect.

(A4B) Except in cases of urgency, any variation or cancellation must not have effect earlier than 30 days after the date on which it is made.]

(A5) A notice must further—

(a)identify a location which is listed, including by reference to a postcode or a delineation on a map or plan, and

(b)be published as soon as practicable after it is made.

(A6) The specified numbers are—

(a)the vehicle registration number of any vehicle in which the goods are carried,

(b)the vehicle registration number of any trailer in which the goods are carried, or

(c)the container identification number of any container in which the goods are carried.]

[F67(1) Where sub-paragraph (A1) does not apply:

(a)the goods must be presented at each HMRC customs office of transit, and

(b)the MRN of the declaration must be provided to each HMRC customs office of transit at the time and in the form and manner specified in a public notice published by HMRC.]

(2) In this Part—

(a)the “MRN” is the master reference number allocated by HMRC to the declaration for the common transit procedure;

(b)an “HMRC customs office of transit” is —

(i)the HMRC office competent for the point of exit from [F68Great Britain] when the goods are leaving [F68Great Britain], in the course of a common transit procedure, via a frontier with another territory that is not a common transit state; or

(ii)the HMRC office competent for the point of entry into [F68Great Britain] when the goods are re-entering [F68Great Britain] in the course of a common transit procedure.

F69(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) HMRC must record the border passage of the goods on the basis of the particulars of the common transit procedure that appears on the declaration accepted by them at the HMRC customs office of departure.

(5) Where goods are carried via an HMRC office constituting an HMRC customs office of transit that is not the one declared, HMRC must amend their records accordingly.

(6) Any inspection of the goods at an HMRC customs office of transit must be carried out mainly on the basis of the particulars of the declaration for the common transit procedure accepted by HMRC.

(7) Sub-paragraphs (1), (4) and (5) do not apply to the transport of goods by rail provided that HMRC can verify the border passage of the goods by other means. Such verification must take place only in the case of need, and may take place retrospectively.

[F70(8) Each of sub-paragraphs (A1), (1) and (4) do not apply where the goods are to be, or are, brought into [F68Great Britain] directly from the Isle of Man, the Channel Islands or the SBA.]

Textual Amendments

Commencement Information

I27Sch. 1 para. 27 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Incidents in [F71Great Britain] during movement of goods subject to the common transit procedureU.K.

28.—(1) A carrier (see sub-paragraph (2)) must present the goods [F72and provide] the MRN of the declaration to HMRC if, within [F73Great Britain]—

(a)the carrier is obliged to deviate from a route prescribed by HMRC due to circumstances beyond the carrier's control;

(b)the seals are broken or tampered with in the course of the transport operation for reasons beyond the carrier's control;

(c)goods are transferred from one means of transport to another means of transport;

(d)imminent danger necessitates partial or total unloading of the sealed means of transport;

(e)there is an incident which may affect the ability of the holder of the common transit procedure (see paragraph 20(2), first indent) or the carrier to comply with their respective obligations; or

(f)any of the elements constituting a single means of transport is changed, namely—

(i)a road vehicle accompanied by each of its trailers or semi-trailers;

(ii)a set of coupled railway carriages or wagons;

(iii)boats constituting a single chain.

(2) In this Part (except for the purposes of paragraph 29(3), second indent), in the context of entry, the “carrier” is the person who brings the goods, or who assumes responsibility for the carriage of the goods, into [F73Great Britain]. And in the context of exit, the “carrier” is the person who takes the goods, or who assumes responsibility for the carriage of the goods, out of [F73Great Britain].

(3) Where HMRC consider that the common transit procedure concerned may continue, they may take any steps that they consider necessary.

(4) In the case of an incident referred to in sub-paragraph (1)(c), presentation of the goods [F74and provision of] the MRN of the declaration is not required if the following conditions are fulfilled—

(a)the goods are transferred from a means of transport that is not sealed; and

(b)the holder of the common transit procedure (see paragraph 20(2), first indent) or the carrier (see on behalf of the holder of the procedure provides relevant information concerning the transfer to the satisfaction of HMRC.

(5) In the case of an incident referred to in sub-paragraph (1)(f), the carrier may continue the common transit procedure when one or more carriages or wagons are withdrawn from a set of coupled railway carriages or wagons due to technical problems. The carrier is then waived from the presentation of the goods and [F75provision] of the MRN of the declaration to HMRC.

(6) In the case of an incident referred to in sub-paragraph (1)(f), where the tractor unit of a road vehicle is changed without its trailers or semi-trailers being changed, presentation of the goods [F76and provision of] the MRN of the declaration is not required if the holder of the common transit procedure, or the carrier on behalf of the holder of the procedure, provides relevant information concerning the composition of the road vehicle to the satisfaction of HMRC.

[F77(7) In the cases referred to in sub-paragraphs (1)(a) to (f), the MRN must be provided to HMRC at the time and in the form and manner specified in a public notice published by HMRC.]

(8) Relevant information concerning incidents during common transit procedures must be recorded in the electronic transit system (see paragraph 20(4), third indent) by HMRC.

Textual Amendments

Commencement Information

I28Sch. 1 para. 28 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

End of the common transit procedure (1): obligations of the holder of the procedure, and of the carrier and recipient of goods moving subject to the procedureU.K.

29.—(1) The holder of the common transit procedure is responsible for all of the following—

(a)presentation of the goods intact, and the required information in paragraph 30(1)(c), at the customs office of destination (see paragraph 16(3)) within the time-limit set under paragraph 20(1), and in compliance with the measures taken by HMRC and other customs authorities to ensure their identification;

(b)observance of the customs provisions relating to the procedure;

(c)unless otherwise provided for, provision of a guarantee [F78in accordance with Part 10 of the import duty regulations], as supplemented and modified by sub-paragraph (2) and paragraph 64, in order to ensure payment of the amount of any customs debt which may be incurred in respect of the goods.

[F79(1A) A comprehensive guarantee or guarantee waiver authorised by customs authorities of another common transit state will apply for the purposes of the provision of a guarantee at paragraph 29(1)(c), provided that—

(a)the authorisation has been issued in accordance with Article 55(1)(a) of Appendix 1 to the Convention and has not been annulled or revoked and is not suspended,

(b)the general conditions for authorisation at Article 57(1) of Appendix 1 to the Convention were satisfied at the time the authorisation was granted, and

(c)the comprehensive guarantee or guarantee waiver satisfies the requirements of, and is used by the holder of the common transit procedure in accordance with, Chapter II of Title III of Appendix 1 to the Convention.

(1B) Sub-paragraphs (1A) to (1G) supplement guarantees for the purposes of each common transit procedure.

(1C) Where the common transit procedure has not been discharged, HMRC must, within nine months from the time-limit prescribed under paragraph 20(1) for presentation of the goods at the customs office of destination, notify the guarantor that the common transit procedure has not been discharged.

(1D) Where the common transit procedure has not been discharged and the customs debt [F80excluding duties under sections 30A(3) and 40A TCTA] is incurred in the United Kingdom, HMRC must, within three years from the date of acceptance of the declaration for the common transit procedure, notify the guarantor that the guarantor is or might be required to pay the customs debt [F80excluding duties under sections 30A(3) and 40A TCTA] for which the guarantor is liable in respect of the common transit procedure in question.

(1E) The guarantor is released from the obligations of the guarantee if either notification provided for in sub-paragraph (1C) or (1D) has not been issued to the guarantor before the expiry of the time limit.

(1F) Where either notification has been issued, the guarantor must be informed by HMRC of the recovery of the customs debt or the discharge of the common transit procedure.

(1G) No guarantee is required in any of the following situations—

(a)goods carried by air in accordance with the authorisation in paragraph 18(5),

(b)goods carried by a fixed transport installation as mentioned in paragraph 16(2),

(c)goods carried by air under Part 3.]

(2) In this Part (and for the purposes of paragraph 64 F81...), a “customs debt” is the obligation in the United Kingdom on a person to pay an amount under TCTA of [F82any duty of customs] and other charges due, [F83an amount of excise duty or (except for the purposes of paragraph 29(1D) and 64(10)(d)) to pay corresponding amounts] owed to a common transit state apart from the United Kingdom.

(3) A carrier, or recipient of goods who accepts goods knowing that they are moving subject to the common transit procedure, is also responsible for presentation of the goods intact at the customs office of destination within the time-limit set under paragraph 20(1) and in compliance with the measures taken by HMRC and other customs authorities to ensure their identification.

The operator of a fixed transport installation who is established in the United Kingdom is the carrier for these purposes.

(4) The obligation of the holder of the procedure in sub-paragraph (1) is met and the common transit procedure ends when the goods subject to the common transit procedure and the required information are available at the customs office of destination, in accordance with paragraph 30.

This does not apply in a case covered by sub-paragraph (5) or (6).

(5) The common transit procedure is deemed to have ended when the appropriate entry is made in the commercial records of the consignee, or the operator of a fixed transport installation, certifying that the goods transported by fixed transport installation—

(a)have arrived at the consignee's plant;

(b)are accepted into the distribution network of the consignee; or

(c)have left [F84Great Britain] for a country other than a common transit state.

(6) If an electronic transport document is used as the declaration if so authorised under paragraph 18(5), the common transit procedure ends when both the goods are presented at the customs office of destination for the airport and the particulars of the electronic transport document have been made available to that customs office in accordance with the means defined in the authorisation.

(7) The holder of the common transit procedure for the purposes of a case covered by sub-paragraph (6) must notify HMRC, and the customs office of destination if outside the United Kingdom, of all offences and irregularities related to the common transit procedure.

Textual Amendments

Commencement Information

I29Sch. 1 para. 29 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

30.—[F85(1) Where goods subject to the common transit procedure arrive at the customs office of destination:U.K.

(a)the goods must be presented to HMRC or, if different, the competent customs authority at that office, together with any information required by HMRC or that other customs authority, and

(b)the MRN of the declaration of the goods must be provided to HMRC or, if different, the competent customs authority at that office, at the time and in the form and manner specified in a public notice published by HMRC.

The presentation of the goods and any required information must take place during the official opening hours of the office. However, if in Great Britain, HMRC may, at the request of the person concerned, allow the presentation of the goods and any required information to take place outside the official opening hours or at any other place.]

(2) Where the presentation has taken place after the expiry of the time-limit set by HMRC under paragraph 20(1), the holder of the common transit procedure is deemed to have complied with the time-limit where the holder or the carrier proves to the satisfaction of HMRC or that other customs authority that the delay is not attributable to the holder or carrier.

(3) The common transit procedure may be ended at a customs office other than that in the declaration. That customs office is then considered to be the customs office of destination, and HMRC must notify the arrival to any customs office of destination outside [F86Great Britain] in the declaration [F87unless the customs office of destination already has such notification].

But where the common transit procedure is ended at an HMRC office other than that declared in the declaration, HMRC must amend their records accordingly.

(4) At the request of the person presenting the goods to the HMRC customs office of destination, HMRC must endorse a receipt which certifies the presentation of the goods at that customs office and contains a reference to the MRN of the declaration.

(5) The receipt must be provided as stipulated by paragraph 32 and must be completed in advance by the person concerned.

(6) The receipt must not be used as proof of the common transit procedure having ended.

Textual Amendments

Commencement Information

I30Sch. 1 para. 30 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

End of the common transit procedure (2): goods received by an authorised consignee in [F88Great Britain] U.K.

31.—(1) When the goods arrive at the authorised place in paragraph 18(8), the authorised consignee must—

(a)immediately notify HMRC at the customs office of destination about the arrival of the goods and inform them of any irregularities or incidents that occurred during transport;

(b)unload the goods, but only after obtaining permission to do so from HMRC;

(c)after unloading, enter the results of the inspection and any other relevant information relating to the unloading into the authorised consignee's records without delay;

(d)notify the HMRC customs office of destination about the results of the inspection of the goods and inform them of any irregularities, no later than the third day following the day on which permission from HMRC to unload the goods was received.

(2) When HMRC have received notification of the arrival of the goods at the premises of the authorised consignee under sub-paragraph (1), or of a person similarly authorised as such by a customs authority in another common transit state, they must update their records accordingly.

(3) When HMRC have received the results of the inspection of the goods in sub-paragraph (1)(d), they must update their records accordingly no later than the sixth day following the day the goods were delivered to the authorised consignee.

(4) The holder of the common transit procedure is deemed to have fulfilled the applicable obligations in paragraph 29(1), and the common transit procedure is deemed to end in accordance with paragraph 29(4), when the goods have been presented intact to the authorised consignee at the authorised place as provided for in paragraph 18(8), or to a person similarly authorised as such by a customs authority in another common transit state, within the time-limit set by HMRC under paragraph 20(1).

(5) At the carrier's request, the authorised consignee in sub-paragraph (1) must issue a receipt which certifies the arrival of the goods at the authorised place mentioned in paragraph 18(8) and contains a reference to the MRN of the declaration. The receipt must be provided as stipulated by paragraph 32.

Textual Amendments

Commencement Information

I31Sch. 1 para. 31 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Receipt endorsed by the HMRC customs office of destination, and receipt issued by authorised consigneeU.K.

32.  A receipt under paragraph 30(4) or 31(5) must take the form stipulated in a public notice.

Commencement Information

I32Sch. 1 para. 32 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Verification and administrative assistanceU.K.

33.—(1) HMRC may use their powers to carry out post-release controls of the information supplied and of any documents, forms, authorisations or data relating to the common transit procedure in order to check that the entries, the information exchanged and the stamps are authentic.

(2) They must respond without delay upon receiving a request for such controls from the customs authority of another common transit state.

(3) Where HMRC make a request to the competent customs authority of another common transit state for a post-release control of information related to the common transit procedure, the conditions laid down in paragraph 38(1) for discharging the common transit procedure are deemed not to have been fulfilled until the authenticity and accuracy of the data have been confirmed.

(4) For these purposes, “post-release control” is a specific act performed by HMRC in order to ensure compliance with customs and other legislation governing the common transit procedure.

Commencement Information

I33Sch. 1 para. 33 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

ControlsU.K.

34.—(1) Where the common transit procedure ends in [F89Great Britain], HMRC must carry out customs controls on the basis of the particulars of the common transit procedure known to them.

(2) Where the common transit procedure ends in [F89Great Britain], no irregularity has been detected by HMRC, and the holder of the procedure presents the transit accompanying document, HMRC must endorse that document at the request of the holder of the procedure for the purpose of providing alternative proof of the ending of the procedure.

(3) The endorsement must consist of the HMRC stamp, the signature of an officer of Revenue and Customs, the date, and the following: “Alternative proof — 99202”.

Textual Amendments

Commencement Information

I34Sch. 1 para. 34 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Alternative proof of ending the common transit procedureU.K.

35.—(1) The common transit procedure must be considered as having been ended correctly where the holder of the procedure presents, to the satisfaction of HMRC, one of the following documents identifying the goods—

(a)a document certified by the customs authority of a common transit state of destination which identifies the goods and establishes that the goods have been presented at the customs office of destination, or have been delivered to a person who is an authorised consignee or is correspondingly authorised by a customs authority in another common transit state;

(b)a document or a customs record, certified by the customs authority of a common transit state, which establishes that the goods have physically left [F90the common transit area (and here the “common transit area” is the area comprising the common transit states)];

(c)a customs document issued in a third country where the goods are subject to a customs procedure (and here and in paragraph (d), “third country” is any country except a common transit state);

(d)a document issued in a third country, stamped or otherwise certified by the customs authority of that country and establishing that the goods are considered to be in free circulation in that country.

(2) Instead of the documents referred to in sub-paragraph (1), copies certified as being true copies by the body which certified the original documents may be provided as proof.

(3) The notification of arrival of the goods received by HMRC corresponding to the one referred to in paragraph 5(4) or 7(2), or a receipt corresponding in relation to another common transit state to the one referred to in paragraph 32, must not be considered to be proof that the common transit procedure has been ended correctly.

Textual Amendments

Commencement Information

I35Sch. 1 para. 35 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Enquiry procedure for goods moved subject to the common transit procedureU.K.

36.—(1) Where, after receiving the notification of the arrival of the goods, HMRC have not received any control results from the customs office of destination outside the United Kingdom within 6 days of the goods being presented to that office, or of the goods being presented to the person in another common transit state as mentioned in paragraph 31(2), HMRC must immediately request the control results from the customs office of destination. Here, “control results” are those in another common transit state corresponding to the ones in paragraphs 10 and 11.

(2) Where HMRC have not yet received information that allows for the discharge of the common transit procedure or for the recovery of the customs debt, they may request the relevant information from the holder of the procedure or, where sufficient particulars are available at the place of destination outside the United Kingdom, from the customs office of destination outside the United Kingdom, in the following cases—

(a)HMRC have not received the notification of arrival of the goods, corresponding to that in paragraph 5(4), by the expiry of the time-limit set for the presentation of the goods under paragraph 20(1);

(b)HMRC have not received the control results requested in accordance with sub-paragraph (1);

(c)HMRC become aware that the notification of arrival of the goods was or the control results were sent in error.

(3) HMRC must send requests for information in accordance with sub-paragraph (2)(a) within a period of 7 days after the expiry of the time limit referred to there, and requests for information in accordance with sub-paragraph (2)(b) within a period a period of 7 days after the expiry of the applicable time-limit referred to in sub-paragraph (1).

However if, before the expiry of those time-limits, HMRC receives information that the common transit procedure has not been ended correctly, or suspects that to be the case, they must send the request without delay.

(4) Where, following a request in accordance with sub-paragraph (2), the customs office of destination outside the United Kingdom has not provided sufficient information for the common transit procedure to be discharged, HMRC must require the holder of the procedure to provide that information, at the latest 28 days after initiating the enquiry procedure.

The holder of the procedure, if in the United Kingdom, must reply to that requirement within 28 days from date on which it was sent.

(5) If the information provided in a reply from the holder of the procedure in accordance with sub-paragraph (4) is not sufficient to discharge the common transit procedure, but HMRC consider it sufficient in order to continue the enquiry procedure, HMRC must immediately send a request for supplementary information to the customs office in sub-paragraph (4).

(6) Where during the steps of an enquiry procedure set out in sub-paragraphs (1) to (5) it is established that the common transit procedure was ended correctly, HMRC must discharge the common transit procedure and must immediately inform the holder of the procedure and, where appropriate, any customs authority outside the United Kingdom that may have initiated recovery proceedings for the customs debt.

(7) Where during the steps of an enquiry procedure set out in sub-paragraphs (1) to (5) it is established that the common transit procedure cannot be discharged, HMRC must establish whether a customs debt has been incurred.

If a customs debt has been so incurred, HMRC must take the following measures—

(a)identify the debtor;

(b)determine the customs authority responsible for notifying the customs debt to the debtor.

Commencement Information

I36Sch. 1 para. 36 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

37.—(1) Sub-paragraphs (2) and (3) apply where HMRC during the enquiry procedure obtain evidence that the place where the events from which the customs debt arises occurred is in another common transit state.U.K.

(2) HMRC shall immediately, and in any event within the time-limit in sub-paragraph (3), send all the information available to the competent customs authority at that place outside the United Kingdom.

(3) The time-limit is seven months from the latest date on which the goods should have been presented at the customs office of destination, unless before the expiry of that time-limit a request to transfer the recovery of the customs debt was sent by the authority responsible for the place where, according to the evidence obtained by HMRC, the events from which the customs debt arises occurred; in which case, that time-limit is extended by one month.

(4) If HMRC have not within 28 days received information from that competent customs authority acknowledging the information and informing them whether it is responsible for the recovery of the customs debt, they must immediately resume the enquiry procedure or start the recovery of that customs debt in the United Kingdom.

Commencement Information

I37Sch. 1 para. 37 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Discharge of the common transit procedureU.K.

38.—(1) The common transit procedure is discharged when HMRC and any customs authority for the customs office of destination outside the United Kingdom are in a position to establish, on the basis of a comparison of the data available to HMRC and any customs office of destination, that the procedure has ended correctly. The deemed transit procedure in paragraph 25(9) is then deemed to be similarly discharged for the purposes of TCTA, Schedule 2, paragraph 19(2).

(2) HMRC, acting with any customs authority for any customs office of destination outside the United Kingdom, must take all the measures necessary and within their powers to regularise the situation of the goods in respect of which a common transit procedure has not been discharged under the conditions prescribed.

(3) In the case of a common transit procedure ending in accordance with paragraph 29(6), that common transit procedure is deemed to be discharged unless HMRC have received information or have established that the procedure has not ended correctly. The deemed transit procedure in paragraph 25(9) is then deemed to be similarly discharged for the purposes of TCTA, Schedule 2, paragraph 19(2).

[F91(4) The deemed transit procedure in paragraph 25(9) is deemed to be discharged, and paragraph 39 does not apply, when and to the extent that the goods in question are declared and accepted for another Customs procedure pursuant to TCTA, Schedule 2, paragraph 18(2).]

Textual Amendments

Commencement Information

I38Sch. 1 para. 38 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Consequences of common transit procedure dischargeU.K.

39.—(1) On the discharge of a common transit procedure in [F92Great Britain], any chargeable goods that were subject to it become subject to TCTA, sections 1 and 3 (charge to import duty and obligation to declare goods for a Customs procedure on import) and to regulations under the Customs and Excise Management Act 1979, section 42(1) (regulation of unloading, removal, etc. of imported goods).

(2) They are then deemed to have been presented to Customs on import for the purposes of TCTA, Schedule 1, paragraph 1(1) (imported goods to be presented to Customs).

(3) [F93Except where sub-paragraph (4) applies, a [F94temporary storage] declaration] in respect of them is then deemed to have been made F95....

[F96(3A) “Temporary storage declaration” has the meaning given by regulation 8(2) of the Customs (Import Duty) (EU Exit) Regulations 2018.]

[F97(4) This sub-paragraph applies where, immediately before the procedure is discharged—

(a)the chargeable goods that are subject to it—

(i)are in a free zone; and

(ii)have been received in the free zone by or on behalf of a free zone business;

(b)that free zone business is authorised to declare goods for a free zone procedure;

(c)that free zone business or a person acting with their authority has—

(i)made an entry into that business’s commercial records containing the particulars specified in a notice published by HMRC; and

(ii)notified a responsible authority for that free zone that the goods have been received;

(d)the case is not one set out in version 1 of the document dated 14 October entitled “Cases where goods cannot be declared by conduct or are not treated as declared for a free zone procedure on discharge of a transit procedure in a free zone” ;

(e)if a notification that goods are to be kept in a free zone was required under regulation 18D(1) of the Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018, that notification has been given to HMRC; and

(f)the goods have not been declared for another customs procedure.

(5) A notification under sub-paragraph (4)(c)(ii) must—

(a)contain the matters; and

(b)be made in the form and manner,

specified in a notice published by HMRC.

(6) Where sub-paragraph (4) applies, the goods are treated on the discharge of the procedure as if they have been declared for a free zone procedure, and acceptance of the Customs declaration is treated as having occurred immediately.

(7) HMRC must publish a notice specifying—

(a)the particulars referred to in sub-paragraph (4)(c)(i); and

(b)the matters referred to in sub-paragraph (5).]

Textual Amendments

Commencement Information

I39Sch. 1 para. 39 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

HMRC controls and sealsU.K.

40.  Whenever a seal needs to be removed in [F98Great Britain] to allow customs inspection for the purposes of this Part, HMRC must endeavour to reseal as necessary with a customs seal of at least equivalent security features, and note the particulars of the action including the new seal number on the cargo documentation.

Textual Amendments

Commencement Information

I40Sch. 1 para. 40 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

PART 3U.K.Simplifications for the paper-based common transit procedure for goods carried by air or rail

Goods carried by airU.K.

Authorisations for the use of a paper-based common transit procedure for goods carried by airU.K.

41.—(1) HMRC may grant to an applicant meeting the following conditions [F99of] authorisation for the use of the paper-based common transit procedure for goods carried by air—

(a)the applicant is an airline company;

(b)the applicant is established in the United Kingdom (in accordance with the criteria in paragraph 18(3));

(c)the applicant regularly uses the common transit procedure, or HMRC know that the applicant can meet the obligations under the procedure;

(d)the applicant, and any director or senior employee of the applicant, have not 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 and nature of any breach and the number of any breaches; and

(ii)relevant to the suitability of the applicant to be authorised under this paragraph; and

(e)the applicant, and any director or senior employee of the applicant, have no criminal convictions which in the opinion of an officer of Revenue and Customs are—

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

(ii)relevant to the suitability of the applicant to be authorised under this paragraph.

(2) The authorisation for the use of the paper-based common transit procedure for goods carried by air only applies in the common transit states specified in the authorisation.

(3) The authorisation operates as a simplification of the common transit procedure in Parts 1 and 2.

Textual Amendments

Commencement Information

I41Sch. 1 para. 41 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

A manifest as a declaration for the use of the paper-based common transit procedure for goods carried by airU.K.

42.—(1) HMRC may authorise an airline company to use the goods manifest as a declaration where it corresponds in substance to the form set out in Appendix 3 of Annex 9 to the Convention on International Civil Aviation, done at Chicago on 7 December 1944, Ninth Edition (or any later edition) M11.

(2) The authorisation referred to in paragraph 41 must indicate the form of the manifest and the airports of departure and destination for common transit procedures. The airline company authorised in accordance with paragraph 41 must send an authenticated copy of that authorisation to the competent customs authorities for each of the airports concerned.

Commencement Information

I42Sch. 1 para. 42 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M11Available at https://www.icao.int/publications/pages/doc7300.aspx. A hard copy may be inspected free of charge by arrangement with HM Revenue and Customs at 100 Parliament Street, London, SW1A 2BQ.

Formalities to be carried out by the airline companyU.K.

43.—(1) The airline company must enter the following information into the manifest—

(a)the code—

(i)T1 in accordance with the Convention, Appendix I, Article 109(1)(a); or

(ii)T2 or T2F in accordance with the Convention, Appendix I, Article 109(1)(b));

(b)the name of the airline company transporting the goods;

(c)the flight number;

(d)the date of the flight;

(e)the airport of departure and the airport of destination.

(2) In addition to the information in sub-paragraph (1), the airline company must for each consignment enter into that manifest the following information—

(a)the number of the air waybill;

(b)the number of packages;

(c)the trade description of the goods, including all the details necessary for their identification;

(d)the gross mass.

(3) Where goods are grouped, their description in the manifest must be replaced, where appropriate, by the entry ‘Consolidation’, which may be abbreviated. In that case the air waybills for consignments on the manifest must contain the trade description of the goods, including all the details necessary for their identification. These air waybills must be attached to the manifest.

(4) The airline company must date and sign the manifest.

(5) At least two copies of the manifest must be presented to the competent customs authority for the airport of departure, and if that is in [F100Great Britain], HMRC must retain one copy.

(6) A copy of the manifest must be presented to the competent customs authority for the airport of destination, which is HMRC if that airport is in [F101Great Britain].

Textual Amendments

Commencement Information

I43Sch. 1 para. 43 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Verification of a list of manifests used as a paper-based declaration for goods carried by airU.K.

44.—(1) Once a month, HMRC for each airport of destination in [F102Great Britain] must authenticate a list of manifests drawn up by the airline companies which were presented to HMRC during the previous month, and must transmit it to the customs authority for each airport of departure.

(2) That list must include the following information for each manifest—

(a)the number of the manifest;

(b)the code identifying the manifest as a declaration in accordance with paragraph 43(1)(a);

(c)the name of the airline company which transported the goods;

(d)the flight number; and

(e)the date of the flight.

(3) The authorisation as referred to in paragraph 41 may also provide that the airline company itself may transmit the list referred to in sub-paragraph (1) to the competent customs authorities of each airport of departure outside [F103Great Britain].

(4) In the event of irregularities found in connection with the information on the manifests appearing on the list, HMRC must inform the competent customs authority for the airport of departure (if not HMRC) and the competent customs authority which granted the authorisation (if not HMRC), referring in particular to the air waybills for the goods in question.

Textual Amendments

Commencement Information

I44Sch. 1 para. 44 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Goods carried by railU.K.

Authorisations for the use of a paper-based common transit procedure for goods carried by railU.K.

45.—(1) HMRC may grant to an applicant fulfilling the following conditions authorisation for the use of the paper-based common transit procedure for goods carried by rail—

(a)the applicant is a railway undertaking;

(b)the applicant is established in the United Kingdom (in accordance with the criteria in paragraph 18(3));

(c)the applicant regularly uses the common transit procedure, or HMRC know that the applicant can meet the obligations under the procedure;

(d)the applicant, and any director or senior employee of the applicant, have not 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 and nature of any breach and the number of any breaches; and

(ii)relevant to the suitability of the applicant to be authorised under this paragraph; and

(e)the applicant, and any director or senior employee of the applicant, have no criminal convictions which in the opinion of an officer of Revenue and Customs are—

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

(ii)relevant to the suitability of the applicant to be authorised under this paragraph.

(2) The authorisation for the use of the paper-based common transit procedure for goods carried by rail only applies in the common transit countries specified in the authorisation.

(3) The authorisation operates as a simplification of the common transit procedure in Parts 1 and 2.

Commencement Information

I45Sch. 1 para. 45 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

CIM consignment note as a declaration for the use of the paper-based common transit procedure for goods carried by railU.K.

46.  Provided it is used for transport operations that are carried out by authorised railway undertakings in cooperation with each other, the CIM consignment note M12 must be considered a declaration for the use of the paper-based common transit procedure for goods carried by rail.

Commencement Information

I46Sch. 1 para. 46 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M12A consignment note for the purposes of the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail, see the International Rail Transport Committee https://cit-rail.org/en. A hard copy may be inspected free of charge by arrangement with HM Revenue and Customs at 100 Parliament Street, London, SW1A 2BQ.

Holder of the paper-based common transit procedure for goods carried by rail and the obligationsU.K.

47.—(1) The holder of the paper-based common transit procedure for goods carried by rail must be one of the following—

(a)an authorised railway undertaking which is established in a common transit state and which accepts goods for carriage under cover of a CIM consignment note as a declaration for the use of the paper-based common transit procedure for goods carried by rail, and which fills in box 58b of the CIM consignment note by ticking the box ‘yes’ and by entering its UIC code M13; or

(b)when the transport operation starts outside the customs territory of each common transit state and the goods enter such a customs territory, any other authorised railway undertaking which is established in a common transit state and on whose behalf the box 58b is filled in by a railway undertaking of a country that is not a common transit state.

(2) The holder of that procedure is rendered responsible for the implicit statement that the successive or substitute railway undertakings involved in the use of the paper-based common transit procedure also meet the requirements of the paper-based common transit procedure for goods carried by rail.

Commencement Information

I47Sch. 1 para. 47 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M13A Union Internationale des Chemins de fer code to identify a company involved in railway business, https://uic.org. A hard copy may be inspected free of charge by arrangement with HM Revenue and Customs at 100 Parliament Street, London, SW1A 2BQ.

Obligations of the authorised railway undertakingU.K.

48.—(1) If the goods are successively taken over and carried by different authorised railway undertakings on the national scale and the authorised railway undertakings involved declare themselves as jointly liable for any potential customs debt arising, paragraph 29(3), first indent applies.

(2) Notwithstanding the holder of the common transit procedure's obligations, as referred to in paragraphs 4(1) and 29(1), other authorised railway undertakings which take over the goods during the transport operation and which are indicated in box 57 of the CIM consignment note are also responsible for the proper application of the use of the paper-based common transit procedure for goods carried by rail.

(3) The railway undertakings in cooperation with each other must operate a commonly-agreed system to check and investigate irregularities of their movement of goods, and be responsible for the following—

(a)for the separate settlement of transport costs on the basis of information to be held available for each common transit procedure for goods carried by rail and for each month for the independent authorised railway undertakings concerned in each common transit state;

(b)for the breakdown of transport costs for each common transit state whose territory the goods enter during the use of the common transit procedure for goods carried by rail; and

(c)for the payment of the respective share of the costs incurred by each of the cooperating authorised railway undertakings.

Commencement Information

I48Sch. 1 para. 48 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Formalities at the customs office of departureU.K.

49.—(1) Where the goods are declared for the paper-based common transit procedure for goods carried by rail and the common transit procedure starts in [F104Great Britain], the goods and the CIM consignment note must be presented at the HMRC customs office of departure.

(2) Where a transport procedure starts in [F104Great Britain], the goods are presumed as moving subject to the T1 procedure of the Convention. In the case of goods moving subject to the T1 procedure, the T1 code need not be entered on the CIM consignment note in sub-paragraph (3).

Goods moving subject to the T1 procedure may be carried subject to that procedure without requiring the CIM consignment note in sub-paragraph (3) to be presented at the HMRC customs office of departure.

(3) If, however, the goods are to move subject to the T2 procedure in accordance with the Convention, Article 2(3)(b), the HMRC customs office of departure must indicate on sheet 3 of the CIM consignment note that the goods to which the note refers are carried subject to the T2 procedure. In this case, the box reserved for customs use must be endorsed clearly with the T2 or T2F code, as appropriate, the stamp of the HMRC customs office of departure and the signature of the responsible officer of Revenue and Customs.

(4) All copies of the CIM consignment note must be returned to the person concerned by HMRC.

(5) The authorised railway undertaking must ensure that the goods transported subject to the paper-based common transit procedure for goods carried by rail are identified by labels bearing a pictogram as stipulated in a public notice. The labels must be affixed to, or directly printed on, the CIM consignment note and to the relevant railway wagon in the case of a full load or, in other cases, to the individual package or packages. The labels may be replaced by a stamp reproducing the pictogram, as stipulated in that public notice.

(6) Where the transport operation starts outside [F104Great Britain] but is to end inside [F104Great Britain], the HMRC office competent for the border station through which the goods enter [F104Great Britain] must act as the HMRC customs office of departure.

No formalities need be carried out at the HMRC customs office of departure.

(7) In this paragraph, the “HMRC customs office of departure” has the same meaning as in paragraph 16(3), first indent.

Textual Amendments

Commencement Information

I49Sch. 1 para. 49 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Loading listsU.K.

50.—(1) In the case of a CIM consignment note containing more than one wagon or container, loading lists provided in the form stipulated in a public notice may be used.

(2) The loading lists must include the wagon number to which the CIM consignment note refers or, where appropriate, the container number containing the goods.

(3) In the case of transport operations starting within [F105Great Britain] comprising both goods moving subject to the T1 procedure and the T2 procedure in the Convention, separate loading lists must be made out for each.

The serial numbers of the loading lists relating to each of the two categories of goods must be entered in the box reserved for the description of goods on the CIM consignment note.

(4) The loading lists accompanying the CIM consignment note form an integral part of it and has the same legal effects.

(5) The original of the loading lists must be authenticated by the stamp of the station in [F105Great Britain] of dispatch.

Textual Amendments

Commencement Information

I50Sch. 1 para. 50 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Formalities at the customs office of transitU.K.

51.  Where the paper-based common transit procedure for goods carried by rail applies, no formalities need to be carried out in [F106Great Britain] at the HMRC customs office of transit.

For this purpose, “HMRC customs office of transit” has the same meaning as in paragraph 2(2).

Textual Amendments

Commencement Information

I51Sch. 1 para. 51 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Formalities at the customs office of destinationU.K.

52.—(1) Where the goods subject to the paper-based common transit procedure for goods carried by rail arrive at the HMRC customs office of destination in [F107Great Britain], the following must be presented by the authorised railway undertaking to HMRC at that customs office—

(a)the goods;

(b)sheets 2 and 3 of the CIM consignment note.

HMRC must return sheet 2 of the CIM consignment note to the authorised railway undertaking after stamping and must retain sheet 3 of the CIM consignment note.

(2) The HMRC office competent for that station of destination must act as the HMRC customs office of destination.

However, if goods which are not subject to excise duty are released to a Customs procedure at an intermediate station in [F107Great Britain], the HMRC office competent for that station must act as the HMRC customs office of destination. It must stamp sheets 2 and 3 of the CIM consignment note and the supplementary copy of sheet 3 of the CIM consignment note presented by the authorised railway undertaking, and endorse them with the following indication: “Cleared”.

It must then, without delay, return sheets 2 and 3 of the CIM consignment note to the authorised railway undertaking after having stamped them and retain the supplementary copy of sheet 3 of the CIM consignment note.

(3) In this paragraph and paragraph 56, the “HMRC customs office of destination” is the HMRC office for the purposes of paragraph 16(3), second indent.

Textual Amendments

Commencement Information

I52Sch. 1 para. 52 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Modification of the contract of carriageU.K.

53.  Where the contract of carriage is modified so that—

(a)a transport operation which was to end outside [F108Great Britain] ends within it, or

(b)a transport operation which was to end in [F108Great Britain] ends outside it,

the authorised railway undertakings must not perform the modified contract without the prior agreement from HMRC if they are the customs authority of departure.

In all other cases, the authorised railway undertakings may perform the modified contract; but it must inform HMRC, if they are the customs authority of departure, of the modification made without delay.

Textual Amendments

Commencement Information

I53Sch. 1 para. 53 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Accounting offices of authorised railway undertakings and customs controlU.K.

54.—(1) The authorised railway undertaking, if established in the United Kingdom as mentioned in paragraph 45(1)(b), must keep the records at its accounting office and use a commonly agreed system with HMRC implemented at that office in order to investigate irregularities.

(2) HMRC must be given access to the data in the accounting office of that undertaking.

(3) For the purposes of customs controls, that authorised railway undertaking must in [F109Great Britain], if that is the F110... destination, make all the CIM consignment notes used as a declaration for the use of the paper-based common transit procedure for goods carried by rail available to HMRC, in accordance with any provisions defined by mutual agreement with HMRC.

Textual Amendments

Commencement Information

I54Sch. 1 para. 54 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Authorised consignorU.K.

55.  Where presentation of the CIM consignment note as a declaration, and of the goods, at the HMRC customs office of departure is not required in respect of the goods which are to be declared by an authorised consignor in paragraph 18(4) for the paper-based common transit procedure for goods carried by rail, HMRC must take necessary measures to ensure that sheets 1, 2 and 3 of the CIM consignment note bear the appropriate code T1, T2 or T2F in accordance with the Convention.

Commencement Information

I55Sch. 1 para. 55 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Authorised consigneeU.K.

56.  Where the goods arrive at the authorised place of an authorised consignee in paragraph 6(1) or 18(8), HMRC may provide that, by way of derogation from paragraphs 7 and 31, sheets 2 and 3 of the CIM consignment note may be delivered directly by the authorised railway undertaking or by the transport undertaking to the HMRC customs office of destination.

Commencement Information

I56Sch. 1 para. 56 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

General provision for Part 3U.K.

Provision relating to authorisations for the use of the paper-based common transit procedures for goods carried by air or railU.K.

57.—(1) An authorisation referred to in paragraph 41 or 45 must only be granted provided that—

(a)HMRC consider that they will be able to exercise control of the goods subject to the common transit procedure without introducing administrative measures disproportionate to the requirements of the person concerned;

(b)the applicant keeps records which enable HMRC to carry out effective controls; and

(c)the applicant must be able to comply with any condition additional to paragraphs (a) and (b) which HMRC consider will be a justified condition of the authorisation if granted.

(2) Where an applicant holds an authorised economic operator authorisation pursuant to regulations under TCTA, section 22 the requirements set out in paragraphs 41(1)(d) and (e), 45(1)(d) and (e), and sub-paragraph (1) are deemed to be met.

Commencement Information

I57Sch. 1 para. 57 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

PART 4U.K.General provision for the purposes of this Schedule

General interpretation F111...U.K.

58.—(1) In this Schedule—

(a)an “application” to, or an “authorisation” given by, HMRC is governed by regulations under TCTA, Part 1;

(b)the “competent” customs office or customs authority is the one responsible for the place in question;

(c)a “declaration” is to be understood in the light of provision made for the purposes of the Convention by or under TCTA, Schedule 1 or, as the context requires, corresponding provision made for those purposes under the law of another common transit state;

(d)“HMRC” means Her Majesty's Revenue and Customs;

[F112(da)“import duty regulations” means the Customs (Import Duty) (EU Exit) Regulations 2018;]

(e)“public notice” refers to one that must be published for the purposes in question by the Commissioners for Her Majesty's Revenue and Customs having regard to those purposes, and in such manner as they consider appropriate for those purposes;

(f)“TCTA” means the Taxation (Cross-border Trade) Act 2018.

(2) A public notice in sub-paragraph (1)(e) must be in force so as to give effect to the purposes for which it must be published, but it may be amended, revoked or replaced by a further public notice. Stipulations in the public notice have effect as if made in these Regulations.

(3) A requirement for information under paragraph 36(4) has effect as if made under the Finance Act 1994, section 23 M14 and to a person to whom that section applies.

Textual Amendments

Commencement Information

I58Sch. 1 para. 58 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

Liability to import dutyU.K.

59.  Nothing in this Schedule affects any incurrence of liability to import duty from a common transit procedure, or the person liable, by or under TCTA, except that in situations covered by paragraph 4(4) or 29(3), first indent the [F113carrier or] recipient of the goods is also jointly and severally liable with any person liable by or under TCTA.

Textual Amendments

Commencement Information

I59Sch. 1 para. 59 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Establishing the customs status of goods, etc.U.K.

60.  For the purposes of the Convention, Appendix II, Article 8(2), 9(4), 9(7), 10(3) or 12(1), HMRC may carry out the functions of the “competent office”, “customs office”, or “customs office of departure” if in each respective case it is in [F114Great Britain].

Textual Amendments

Commencement Information

I60Sch. 1 para. 60 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

61.—(1) A person able to be authorised under paragraph 18(2) may be authorised by HMRC to issue T2L or T2LF data for the purposes of the Convention without having to present this to HMRC for endorsement.U.K.

(2) Authorisation under sub-paragraph (1) only applies to a person who—

(a)will regularly issue the data and use it for a proper purpose, and

(b)is able to comply with any condition additional to sub-paragraph (a) which HMRC consider will be a justified condition of the authorisation if granted.

(3) The authorisation may stipulate that the front of the forms used in issuing the T2L or T2LF data and any continuation sheet or sheets must be—

(a)stamped in advance with the stamp of the office referred to in the Convention, Appendix II, Article 15(1)(a) and signed by an official of that office; or

(b)stamped by the authorised issuer in sub-paragraph (1) with a special metal stamp approved by the competent authorities and conforming to the specimen in the Convention, Appendix III, Annex B9. The stamp may be pre-printed on the forms if the printing is entrusted to a printer approved for that purpose.

(4) In the event of the misuse by any person of T2L or T2LF data issued under sub-paragraph (1), the authorised issuer shall be liable, without prejudice to any criminal proceedings, for the payment of duties and other charges payable in respect of goods carried under cover of such data, unless that issuer can satisfy HMRC that the authorised issuer took all necessary security measures required under the Convention, Appendix II, Article 16.

(5) The authorised issuer in sub-paragraph (1) may be authorised by HMRC not to sign such T2 or T2LF data issued using the special metal stamp in sub-paragraph (3)(b) which are drawn up by an electronic or automatic data processing system. Such authorisation is subject to the authorised issuer previously having given to HMRC a written undertaking acknowledging liability for the legal consequences arising from all such T2L and T2LF data.

(6) Each T2L or T2LF data drawn up in accordance with sub-paragraph (5) must contain in place of the authorised issuer's signature the endorsement: “Signature waived”.

Commencement Information

I61Sch. 1 para. 61 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Co-operation with other customs servicesU.K.

62.  Provision corresponding to TCTA, section 26 applies where HMRC co-operates with other customs services (whether or not about import duty under TCTA) on matters of mutual concern for any of the purposes of this Schedule.

Commencement Information

I62Sch. 1 para. 62 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Business continuity procedure for the common transit procedureU.K.

63.  A public notice must stipulate the business continuity procedure for use by the holder of the common transit procedure, including an authorised consignor, in the event of a temporary failure of—

(a)the electronic transit system in Parts 1 and 2;

(b)the computerised system used by the holders of the procedure for making the declarations for the common transit procedure by means of electronic data-processing techniques;

(c)the electronic connection between the computerised system used by the holders of the procedure for making the declarations for the common transit procedure by means of electronic data-processing techniques and the electronic transit system.

Commencement Information

I63Sch. 1 para. 63 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Guarantees: supplementary rules for the common transit procedureU.K.

64.—(1) This paragraph supplements and modifies the provision mentioned in paragraph 29(1)(c) about guarantees for the purposes of each common transit procedure.

(2) For the purpose of calculating the amount of the guarantee, domestic goods carried subject to the common transit procedure must be treated as chargeable goods.

(3) The specified amount of the guarantee must correspond to an amount of customs debt which may become payable in connection with each common transit procedure in respect of which the guarantee is provided, in the period between the declaring of the goods for the common transit procedure and the discharge of that procedure.

For the purpose of that calculation, account must be taken of the highest rates of customs debt [F115excluding duties under sections 30A(3) and 40A TCTA] applicable to goods of the same type in the United Kingdom, and of sub-paragraph (2).

HMRC must establish the specified amount for the purposes of a comprehensive guarantee in cooperation with the holder of the procedure, on the basis of the information on goods subject to the common transit procedure in the preceding 12 months, and on an estimate of the volume of intended common transit procedures as shown in particular by the commercial documentation and accounts of the holder of the procedure.

Where the information necessary to determine the specified amount for the purposes of a comprehensive guarantee is not available to HMRC, that amount is fixed according to the Convention, Appendix I, Article 74(2) third sub-paragraph and Appendix II, Article 22.

(4) [F116Except in cases covered by paragraph 18(4), at point (b) or paragraph 29(1A), only] the types and forms of guarantee stipulated in a public notice are acceptable for the purposes of this Schedule.

F117(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) HMRC must approve a waiver to the requirement for a comprehensive guarantee in relation to a potential liability to pay a customs debt if satisfied that the person authorised to give the comprehensive guarantee—

(a)draws up accounts in accordance with generally accepted accounting practice;

(b)maintains reliable business records;

(c)is solvent;

(d)has in the preceding three years discharged any liability to pay any customs debt howsoever incurred in the United Kingdom;

(e)has sufficient financial resources to meet the liability or potential liability not guaranteed as a result of the waiver;

(f)maintains procedures to ensure that HMRC are notified of any breach of any Customs obligations;

(g)allows HMRC officers access to all electronic and physical information systems maintained by that person;

(h)maintains a logistical system that identifies chargeable goods and domestic goods and their location;

(i)where the liability relates to agricultural goods, has satisfactory procedures to ensure compliance with any relevant regulatory obligation in relation to agricultural goods;

(j)has satisfactory procedures in relation to archiving records; and

(k)maintains satisfactory computer system security measures.

(11) Where an applicant holds an authorised economic operator authorisation pursuant to regulations under TCTA, section 22 the requirements set out in sub-paragraph (10)(a) to (k) are deemed to be met.

(12) References to “import duty” and “Customs procedure” in [F118Part 10 of the import duty regulations] must be taken for the purposes of this Schedule as respective references to “customs debt” and “common transit procedure”.

Textual Amendments

Commencement Information

I64Sch. 1 para. 64 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Provision for airlinesU.K.

65.—(1) HMRC may authorise, in the case of air transport, the use of an electronic transport document as a declaration for the common transit procedure, provided it contains the particulars of such declaration and those particulars are available to the customs authorities for the place of departure and destination to allow the customs control of the goods and the discharge of the procedure.

(2) The authorisation in sub-paragraph (1) is subject to paragraph 18(1) to (3) (but only to the extent that it concerns paragraph 18(5) and (6)) and must only be granted where—

(a)HMRC have consulted the customs authorities for the airports of departure and destination [F119other than HMRC] and have received no notification from either authority, within 45 days from the communication, that the applicant does not fulfil one or more of the conditions for granting the authorisation;

(b)the applicant operates a significant number of flights between common transit state airports; and

(c)the applicant demonstrates the ability to ensure that the particulars of the electronic transport document are available to the customs office of departure for the airport of departure and to the customs office of destination for the airport of destination, and that those particulars are the same.

(3) Expressions used in this paragraph have the same meaning as corresponding expressions in Part 2.

Textual Amendments

Commencement Information

I65Sch. 1 para. 65 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

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