# The Customs (Contravention of a Relevant Rule) (Amendment) Regulations 2009, Regulation 5: Amendment of the Customs (Contravention of a Relevant Rule) Regulations 2003


In the Schedule, for the entries under the heading “Transit” substitute—
“
Column 1
Description of a relevant Rule / Relevant Rule of a description
Column 2
Person of a description
Column 3
Penalty for contravention
Customs status of goods and Community transit
Article 94(1) of the Code
To provide a guarantee.
The principal to the transit operation.
£2,500.
Article 96(1) and (2) of the Code
Obligation to:
(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;
The principal to the transit operation.
A carrier or recipient of goods who accepts the goods knowing they are moving under Community transit.
£2,500.
£2,500.
(b) observe the provisions relating to the Community transit procedure.
The principal to the transit operation.
£2,500.
Article 313b(5) of the Implementing Regulation
Where 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.
The shipping company.
£2,500.
Article 313b(7) of the Implementing Regulation
Where 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.
The shipping company.
£2,500.
Article 324d of the Implementing Regulation
Obligation for T2L or other commercial documents to contain the endorsement “signature waived” in place of the authorised consignor’s signature.
The authorised consignor.
£2,500.
Article 448(5) as it applies to Article 324e(5) of the Implementing Regulation
Obligation to notify all offences and irregularities to the customs authorities.
The shipping company.
£2,500.
Article 359(1) of the Implementing Regulation
To present the consignment and the transit accompanying document at each office of transit.
The carrier.
£2,500.
Article 360(1) of the Implementing Regulation
In the circumstances described
in Article 360(1)(a) to (e) (prescribed itinerary changed, seals broken, goods transferred to another means of transport, goods unloaded, or in the
event of some other incident or accident capable of affecting the ability of the principal or carrier to comply with his obligations), to make the
necessary 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.
The carrier.
£2,500.
Article 361(1) of the Implementing Regulation
To 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.
The principal.
The carrier.
£2,500.
£2,500.
Articles 6 and 7 of the Code and Articles 372 to 376 of the Implementing Regulation
To 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.
The principal.
The consignee.
£2,500
Article 377(1) of the Implementing Regulation
To inform the customs authorities of any factor arising after the authorisation was granted which may influence its continuation or content.
The authorisation holder.
£2,500.
Article 408(1) of the Implementing Regulation
Obligation to:
(a) immediately inform the office of destination responsible of the arrival of the goods by the “arrival notification” message including all incidents during transport;
The authorised consignee.
£2,500.
(b) wait for the “unloading message” before starting the unloading;
The authorised consignee.
£2,500.
(c) send the “unloading remarks” message in accordance with the time limit and procedure stipulated;
The authorised consignee.
£2,500.
(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.
The authorised consignee.
£2,500.
Article 353(3) of the Implementing Regulation
To 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.
The principal.
£2,500.
Point 5 of Annex 37d to the Implementing Regulation
To inform the customs authorities when the principal’s computer system and/ or network is/ are available again.
The principal.
£2,500.
Point 15 of Annex 37d to the Implementing Regulation
Under the fallback procedure, to present a transit advice note in the required form to each office of transit.
The carrier.
£2,500.
Point 30.1 of Annex 37d to the Implementing Regulation
Under 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.
The authorised consignee.
£2,500.
”

---
Source: https://www.legislation.gov.uk/uksi/2009/3164/regulation/5 (the official version)
Page: https://openlegislation.uk/customs-contravention-of-a-relevant-rule-amendment-regulations-2009/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.