The Customs and Excise (Community Transit) Regulations 1987
S.I. 1987/763 · Made 27 April 1987
CUSTOMS AND EXCISE
Made 27th April 1987
Laid before Parliament 6th May 1987
Coming into force 1st June 1987
The Commissioners of Customs and Excise, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972f1 in relation to customs matters of the European Communitiesf2, in exercise of the powers conferred upon them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:—
Annotations to the whole text
Footnotes
- f1
- f2
-
S.I. 1977/980.
Contents
- 1Citation, commencement and interpretation
- 2Citation, commencement and interpretation
- 3Specification of transit routes
- 4Offences, penalty and forfeiture
- 5Supplementary
- 6Revocation
- Signature
- Schedule RELEVANT COMMUNITY PROVISIONS
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Customs and Excise (Community Transit) Regulations 1987 and shall come into force on 1st June 1987.
2Citation, commencement and interpretation
In these Regulations—
-
“relevant Community provision” means any provision of a Community Regulation specified in the first and second columns of the Schedule to these Regulations and shall include any such provision as applied by—
- (a)
Article 39 of Council Regulation (EEC) No. 222/77f1 to goods carried under the internal Community transit procedure;
- (b)
Article 45 of Commission Regulation (EEC) No. 223/77f2 to a carriage operation starting within and ending outside the Economic Community;
- (c)
Article 49 of Commission Regulation (EEC) No. 223/77 to carriage of goods under cover of an International Express Parcels Consignment Note;
- (d)
Article 50l of Commission Regulation (EEC) No. 223/77f3 to a carriage operation starting within and ending outside the Economic Community;
- (a)
-
“the customs and excise Acts” has the same meaning as in section 1 of the Customs and Excise Management Act 1979f4;
-
“the Commissioners” means the Commissioners of Customs and Excise;
-
“CIM” means International Consignment Note;
-
“CTTN” means Community Transit Transfer Note.
3Specification of transit routes
Goods moving under the internal or external Community transit procedure shall be moved by such routes within the United Kingdom as the Commissioners may specify.
4Offences, penalty and forfeiture
In the event of any contravention or failure to comply with—
any relevant Community provision, or
any requirement or condition imposed by or under any such provision, or
any requirement imposed under regulation 3 hereof, or
any undertaking given pursuant to any such provision or requirement,
the person responsible for the contravention or failure and the person then in charge of the goods shall each be liable on summary conviction to a penalty of £2000 and any goods in respect of which the offence was committed shall be liable to forfeiture.
5Supplementary
Section 139 of and Schedule 3 to the Customs and Excise Management Act 1979f1 (detention, seizure and condemnation of goods) shall apply to any goods liable to forfeiture under regulation 4 above as if the goods were liable to forfeiture under the customs and excise Acts.
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979f2 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under regulation 4 above and proceedings for such offences or for condemnation of anything as being forfeited under that regulation as they apply in relation to offences and penalties and proceedings for offences or for condemnation under the customs and excise Acts.
6Revocation
The Customs and Excise (Community Transit) Regulations 1980f1 are hereby revoked.
Signature
Philip Nash
Commissioner of Customs and Excise
King’s Beam House Mark Lane London EC3R 7HE
27th April 1987
RELEVANT COMMUNITY PROVISIONS
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Community Regulations | Relevant Provisions | Subject Matter of Provisions |
| Council Regulation (EEC) No. 222/77 of 13 December 1976f1 on Community transit, as amendedf2 | Article 13 | Principal’s responsibility for production of goods at office of destination and for observance of time limits, identification measures and provisions relating to Community transit procedure |
| Article 19—paragraph 1 | Community transit documents to accompany goods | |
| Article 21 | Consignment and Community transit documents to be produced at each office of transit | |
| Article 22—the first sentence of paragraph 1 | Carrier to give each office of transit a transit advice note | |
| Article 24—the first sentence of paragraph 1 | Transfer of goods under supervision of customs authorities | |
| Article 27—paragraph 1 | Principal to furnish guarantee | |
| Commission Regulation (EEC) No. 223/77 of 22 December 1976f3 on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure | Article 4—first paragraphf4 | Document for dispatch or export of goods to be presented to office of departure together with Community transit declaration to which it relates |
| Article 28 | Restrictions, etc. on exportation from Community to be stated on Community transit document | |
| Article 29—last sentence of paragraph 1 | When restricted etc. goods not placed under Community transit procedure Control Copy to be endorsed with statement of restriction on export | |
| Article 42—paragraph 1 | CIM to be produced at office of departure | |
| Article 44— paragraph 1 | Railway authorities to forward to office of destination sheets of CIM | |
| Article 50(i)—paragraph 1f5 | CTTN to be produced at office of departure | |
| Article 50(i)—paragraph 6 | CTTN to be produced at office of destination | |
| Article 50(k)—paragraph 1 | Transport undertaking to forward to office of destination sheets of CTTN | |
| Article 61—paragraph 1f6 | Authorised consignor to comply with simplified formalities applicable at offices of departure and destination, and conditions of authorisation | |
| Article 65—paragraph 1 | Authorised consignee to notify excess quantities, shortages, etc., and to send documents to office of destination | |
| Article 78—first sentence | Authorised consignor to make a copy of each T2L status declaration | |
| Article 80—paragraph 1f7 | Formalities to be complied with by authorised consignor under T2L simplified procedure |
Explanatory note
(This note is not part of the Regulations)
These Regulations replace The Customs and Excise (Community Transit) Regulations 1980. They provide for a penalty and forfeiture in the case of breaches of certain provisions of Community legislation relating to the transit of goods. The penalty and the forfeiture procedure are governed by the Customs and Excise Management Act 1979.
The principal changes effected by these Regulations are an increase in the penalty to £2,000 and the inclusion of additional provisions of Community legislation.
These Regulations also give the Commissioners of Customs and Excise the power to require goods under the internal or external Community transit procedure within the United Kingdom to be moved by routes specified by them.
The Community legislation is contained in Council Regulation (EEC) No. 222/77 and Commission Regulation (EEC) No. 223/77 respectively as amended.