2019 No. 1510

Excise

The Excise Goods (Holding, Movement and Duty Point) (Amendment) Regulations 2019

Made

Laid before Parliament

Coming into force

The Commissioners for Her Majesty’s Revenue and Customs make these Regulations in exercise of the powers conferred by—

a

sections 93(1), (2)(a), (e), (fa), (fb), (fc), (3), (5) and (5A), 100G, 100H, 118A(1) and (2) and 127A of the Customs and Excise Management Act 19791;

b

sections 41A(7), 49(1)(d) and (g), 56(1)(d) and (e), 62(5)(c) and (d) and 77(1)(a), (e) and (h) of the Alcoholic Liquor Duties Act 19792;

c

sections 21(1), 23C(2) and (3) of, and paragraphs 3, 11, 19 and 25 of Schedule 3 to, the Hydrocarbon Oil Duties Act 19793;

d

sections 7(1)(a), (b), (ba) and (1A) and 9(2) of the Tobacco Products Duty Act 19794;

e

sections 1 and 2 of the Finance (No. 2) Act 19925; and

f

section 2(2) of the European Communities Act 19726.

The Commissioners for Her Majesty’s Revenue and Customs have been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to excise matters of the EU and payment of excise duty7.

Citation and commencement1

These Regulations may be cited as the Excise Goods (Holding, Movement and Duty Point) (Amendment) Regulations 2019 and come into force on 1st January 2020.

Amendment of the Excise Goods (Holding, Movement and Duty Point) Regulations 20102

In paragraph (1) of regulation 3 (interpretation) of the Excise Goods (Holding, Movement and Duty Point) Regulations 20108, in the definition of “Member State” and “territory of a Member State”, omit “, Campione d’Italia and the waters of Lake Lugano”.

Melissa TattonJustin HollidayTwo of the Commissioners for Her Majesty’s Revenue and Customs
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Excise Goods (Holding, Movement and Duty Point) Regulations 2010 (S.I. 2010/593). Regulation 2 amends the definition of “Member State” and “territory of a Member State” removing the territories of Campione d’Italia and the waters of Lake Lugano in the Italian Republic from those territories treated as excluded from the territory of the relevant Member State. This reflects amendments made to Article 5 of Council Directive 2008/118/EC (OJ L009, 14.1.2009, p. 12-30) by Article 2 of Council Directive 2019/475/EU (OJ L83, 25.3.2019, p. 42-43).

A Tax Information and Impact Note has not been prepared for this instrument as it contains no substantive changes to tax policy.