The Customs and Excise (Miscellaneous Provisions and Amendments) (EU Exit) Regulations 2019

Eligibility for authorisation or approval as an Authorised Banana Weigher U.K.

4.—(1) A person may only be an Authorised Banana Weigher if—

(a) the person is established in the United Kingdom;

(b) the person is involved in the import, carriage, storage or handling of fresh bananas;

(c) in the opinion of an HMRC officer, the person has access to and control over the appropriate weighing equipment required to provide an accurate weight for fresh bananas;

(d) an HMRC officer is satisfied that the person will exercise proper conduct of the operations necessary to comply with the requirements of banana weighing.

(2) For the purposes of considering whether the person will exercise proper conduct of operations necessary to comply with the requirements of banana weighing, the matters that an HMRC officer may take into account include (for example)—

(a) whether, in the opinion of an HMRC officer, the person's financial standing makes the applicant suitable to carry out banana weighing;

(b) whether the person, or any directors or senior employees of the person, has or have been involved in a breach of an obligation relating to tax or of a Customs obligation, which in the opinion of an HMRC officer 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 person to carry out banana weighing;

(c) whether the person, or any directors or senior employees of the person, has or have any criminal conviction which in the opinion of an HMRC officer is—

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

(ii) relevant to the suitability of the applicant to carry out banana weighing;

(d) whether the person maintains a logistical system and records that identify the movement of, and transactions in, consignments of bananas to which Banana Weight Certificates relate, and facilitates compliance with Customs obligations.

Commencement Information

I1 Reg. 4 not in force at made date, see reg. 1(2)

I2 Reg. 4 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.