{
  "url": "https://openlegislation.uk/customs-contravention-of-a-relevant-rule-amendment-regulations-2009/regulation-5",
  "json_url": "https://openlegislation.uk/customs-contravention-of-a-relevant-rule-amendment-regulations-2009/regulation-5.json",
  "legislation": "uksi/2009/3164",
  "legislation_title": "The Customs (Contravention of a Relevant Rule) (Amendment) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/customs-contravention-of-a-relevant-rule-amendment-regulations-2009",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Amendment of the Customs (Contravention of a Relevant Rule) Regulations 2003",
  "text": "In the Schedule, for the entries under the heading “Transit” substitute—\n“\nColumn 1\nDescription of a relevant Rule / Relevant Rule of a description\nColumn 2\nPerson of a description\nColumn 3\nPenalty for contravention\nCustoms status of goods and Community transit\nArticle 94(1) of the Code\nTo provide a guarantee.\nThe principal to the transit operation.\n£2,500.\nArticle 96(1) and (2) of the Code\nObligation to:\n(a) produce the goods intact at the customs office of destination by the prescribed time limit and duly observe the measures adopted by Customs to ensure identification of the goods;\nThe principal to the transit operation.\nA carrier or recipient of goods who accepts the goods knowing they are moving under Community transit.\n£2,500.\n£2,500.\n(b) observe the provisions relating to the Community transit procedure.\nThe principal to the transit operation.\n£2,500.\nArticle 313b(5) of the Implementing Regulation\nWhere a regular shipping service has been authorised, obligation to use the authorisation and to communicate any withdrawal or change in the characteristics of the authorised service to the authorising authorities.\nThe shipping company.\n£2,500.\nArticle 313b(7) of the Implementing Regulation\nWhere a vessel of an authorised shipping service is forced to tranship at sea or temporarily put into a third country port or free zone as described in the Article, to inform the customs authorities of the subsequent ports of call along the vessel’s scheduled route.\nThe shipping company.\n£2,500.\nArticle 324d of the Implementing Regulation\nObligation for T2L or other commercial documents to contain the endorsement “signature waived” in place of the authorised consignor’s signature.\nThe authorised consignor.\n£2,500.\nArticle 448(5) as it applies to Article 324e(5) of the Implementing Regulation\nObligation to notify all offences and irregularities to the customs authorities.\nThe shipping company.\n£2,500.\nArticle 359(1) of the Implementing Regulation\nTo present the consignment and the transit accompanying document at each office of transit.\nThe carrier.\n£2,500.\nArticle 360(1) of the Implementing Regulation\nIn the circumstances described\nin Article 360(1)(a) to (e) (prescribed itinerary changed, seals broken, goods transferred to another means of transport, goods unloaded, or in the\nevent of some other incident or accident capable of affecting the ability of the principal or carrier to comply with his obligations), to make the\nnecessary entries in the transit accompanying document and present it with the consignment to the customs authorities of the Member State in whose territory the means of transport is located.\nThe carrier.\n£2,500.\nArticle 361(1) of the Implementing Regulation\nTo present the goods and the required documents at the office of destination during the days and hours appointed for opening; or, where allowed by the office of destination and at the request and expense of the party concerned, outside the appointed days and hours or at any other place.\nThe principal.\nThe carrier.\n£2,500.\n£2,500.\nArticles 6 and 7 of the Code and Articles 372 to 376 of the Implementing Regulation\nTo comply with a condition of authorisation (including the conditions for use of simplifications and operating and control methods) of an immediately enforceable binding decision of Customs to authorise simplifications of Community transit.\nThe principal.\nThe consignee.\n£2,500\nArticle 377(1) of the Implementing Regulation\nTo inform the customs authorities of any factor arising after the authorisation was granted which may influence its continuation or content.\nThe authorisation holder.\n£2,500.\nArticle 408(1) of the Implementing Regulation\nObligation to:\n(a) immediately inform the office of destination responsible of the arrival of the goods by the “arrival notification” message including all incidents during transport;\nThe authorised consignee.\n£2,500.\n(b) wait for the “unloading message” before starting the unloading;\nThe authorised consignee.\n£2,500.\n(c) send the “unloading remarks” message in accordance with the time limit and procedure stipulated;\nThe authorised consignee.\n£2,500.\n(d) make available or send to the office of destination a copy of the transit accompanying document which accompanied the goods according to the arrangement provided in the authorisation.\nThe authorised consignee.\n£2,500.\nArticle 353(3) of the Implementing Regulation\nTo obtain the approval of the customs authorities to use a written transit declaration in the fallback procedure under paragraph 2(b) when the principal’s computer system and/ or network is/ are not functioning.\nThe principal.\n£2,500.\nPoint 5 of Annex 37d to the Implementing Regulation\nTo inform the customs authorities when the principal’s computer system and/ or network is/ are available again.\nThe principal.\n£2,500.\nPoint 15 of Annex 37d to the Implementing Regulation\nUnder the fallback procedure, to present a transit advice note in the required form to each office of transit.\nThe carrier.\n£2,500.\nPoint 30.1 of Annex 37d to the Implementing Regulation\nUnder the fallback procedure, to send to the office of destination without delay the Transit Accompanying Document or Copies No 4 and No 5 of the transit declaration which accompanied the goods, indicating the date of arrival, the condition of any seals affixed and any irregularity.\nThe authorised consignee.\n£2,500.\n”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Article 94(1) of the Code was substituted by Article 1.3 of European Parliament and Council Regulation (EC) No 955/1999 OJ No L 119, 07.05.1999, p 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Article 313b(5) of the Implementing Regulation was substituted by Article 1.5 of Commission Regulation (EC) 75/98 OJ No L 7, 13.01.98, p 3."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Article 313b(7) of the Implementing Regulation was substituted by Article 1.13(b) of Commission Regulation (EC) 993/2001 OJ No L 141, 28.05.2001, p1."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Article 324d of the Implementing Regulation was inserted by Article 1.21 of Commission Regulation (EC) 2787/2000 OJ No L 330, 27.12.00, p 1."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Article 324e(5) of the Implementing Regulation was substituted by Article 1.21 and Article 448(5) by Article 1.51 of Commission Regulation (EC) 2787/2000."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Article 359 of the Implementing Regulation was most recently substituted by Article 1.44 of Commission Regulation (EC) No 1192/2008 OJ No L 329, 06.12.2008, p 1."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Article 360 of the Implementing Regulation was substituted by Article 1.25 of Commission Regulation (EC) No 2787/2000 and amended by Article 1.45 of Commission Regulation (EC) No 1192/2008."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Article 361 of the Implementing Regulation was most recently substituted by Article 1.46 of Commission Regulation (EC) No 1192/2008."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Article 377 of the Implementing Regulation was substituted by Article 1.25 of Commission Regulation (EC) No 2787/2000."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Article 408 of the Implementing Regulation was substituted by Article 1.73 of Commission Regulation (EC) No 1192/2008."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Article 353 of the Implementing Regulation was most recently substituted by Article 1.40 of Council Regulation (EC) No 1192/2008."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "Annex 37d to the Implementing Regulation was inserted by Article 1.97 of and Annex I to Commission Regulation (EC) No 1192/2008."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/3164/regulation/5",
    "retrieved_at": "2026-10-29T02:59:58.822522+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}