Regulation 6 Requirement to provide a Banana Weight CertificateI1I2

This regulation applies in relation to bananas of a description specified in a notice which must be published by HMRC Commissioners (“fresh bananas”).

Any Customs declaration for the free-circulation procedure M1 made in respect of fresh bananas must be accompanied by a Banana Weight Certificate, except where paragraph (3) applies.

Paragraph (2) does not apply where,

Where paragraph (3) applies—

In this regulation—

• “a Banana Weight Certificate previously issued” includes a Banana Weight Certificate issued under the EU Customs Code prior to F6IP completion day;

• “EU Customs Code” means—

  1. (a)

     Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code;

  2. (b)

     Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code; F7...

  3. (c)

     Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code M5; F8and

  4. (d)

     F9Commission Delegated Regulation (EU) 2016/341 of 17 December 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards transitional rules for certain provisions of the Union Customs Code where the relevant electronic systems are not yet operational and amending Delegated Regulation (EU) 2015/2446;

• “provisional declaration of weight” means either—

  1. (a)

     the weight, as adjusted for the size of the consignment if that adjustment can be readily determined, that appears on a Banana Weight Certificate previously issued to the person making the simplified Customs declaration F10or transitional simplified Customs declaration if the bananas that are the subject of that Banana Weight Certificate are the same as those for which the declaration is being made in respect of—

     1. (i)

        the type of packaging used; and

     2. (ii)

        the place of origin; or

  2. (b)

     if—

     1. (i)

        the adjustment mentioned in sub-paragraph (a) cannot be readily determined; or

     2. (ii)

        the person making the simplified Customs declaration or transitional simplified Customs declaration is importing fresh bananas for the first time;

     the weight that has been itemised in a travel document issued by the person responsible for the carriage of the fresh bananas being declared which specifies the destination and recipients of the fresh bananas.