Regulation 4 Notification of importationC1I1
Subject to F1paragraphs (2) F2, (3A) F3... F4(3AB) F5, (3AC), (6A) and (6C) and regulations 5 and 6, a notification of the importation of goods M1 into the United Kingdom must be given to HMRC by one of the following—
the person who imports the goods;
a person on whose behalf another person imports the goods;
a person who is responsible for the carriage of the goods when they are imported;
a person approved by HMRC in relation to premises where goods are kept for a storage procedure M3 where the goods are declared for a storage procedure.
where the goods are to be kept in a free zone—
a person authorised by HMRC to carry out a free zone activity in that free zone; or
a responsible authority for that free zone.
Where regulation 131 (chargeable goods carried by RoRo vehicles destined for RoRo listed locations: making of declarations) applies, F8and the goods are of a type specified in a notice published by HMRC, notification must be given by the person who makes a Customs declaration in respect of the goods.
The notification must—
contain the matters specified, and be accompanied by the documents specified, in a notice published by HMRC Commissioners;
be made in the form and manner specified in that notice; and
Where—
paragraph (2) does not apply;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
regulation 131 (chargeable goods carried by RoRo vehicles destined for RoRo listed locations: making of declarations) applies; F13...
a notification of embarkation was required in respect of the goods under regulation 131I (notification of embarkation requirements for chargeable goods destined for RoRo listed locations or other listed locations), that notification has been provided,
the person who made the Customs declaration in respect of the goods is deemed to have notified HMRC in accordance with F17paragraphs (1) and (3) at the time the goods are imported into the United Kingdom for the purposes of CEMA 1979.
Where—
regulation 131C (unaccompanied goods: making of declarations) applies; and
a Customs declaration has been made in respect of the goods in accordance with that regulation,
the person who made the Customs declaration in respect of the goods is deemed to have notified HMRC in accordance with paragraphs (1) and (3) at the time the goods are treated as being imported into the United Kingdom under article 5(2)(c) of the Channel Tunnel (Customs and Excise) Order 1990.
Where—
regulation 131F(3) (chargeable goods carried by relevant vehicles destined for other listed locations: making of declarations) applies; F20...
a notification of embarkation was required in respect of the goods under regulation 131I and that notification has been provided; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a Customs declaration has been made in respect of the goods in accordance with regulation 131F(3),
the person who made the Customs declaration in respect of the goods is deemed to have notified HMRC in accordance with paragraphs (1) and (3) at the time the goods are imported into the United Kingdom for the purposes of CEMA 1979.
Where—
section 30C(3) of the Act applies to the goods,
the person must give a notification to HMRC that the goods have arrived in the United Kingdom.
A notification under paragraph (3C) must—
contain the matters specified, and be accompanied by the documents specified, in a notice published by HMRC Commissioners;
be made in the form and manner specified in that notice; and
be given by the end of the working day after the day on which the goods arrived in the United Kingdom F31, or such shorter or longer period as may be specified in a notice published by HMRC Commissioners.
Where a declaration for the goods was made prior to importation and a notification of importation has not been provided or deemed to have been provided under this regulation, the person who made a customs declaration in respect of the goods must provide a notification to HMRC that the goods have arrived in the United Kingdom.
A notification referred to in paragraph (3E) must—
contain the matters specified and be accompanied by the documents specified in a notice published by HMRC Commissioners;
be made in the form and manner specified in that notice;
be provided before the end of the period specified in the notice given by HMRC commissioners or such longer period as an HMRC officer may, in any particular case or any particular description of case, allow.
HMRC Commissioners must publish a notice specifying the matters referred to in paragraph (3F).
Where a notification is provided in accordance with paragraphs (3E) and (3F), the person who made the customs declaration is deemed to have provided a notification of importation in accordance with paragraphs (1) and (3), at the time the goods are imported into the United Kingdom for the purposes of CEMA 1979.
HMRC Commissioners must publish a notice specifying the matters referred to in paragraph (3) and may, for example, specify that details of the following be included in a notification of importation—
the person making the notification;
the goods; or
any entry summary declaration, Customs declaration or temporary storage declaration made in respect of the goods.
A person may give a notification of importation before the goods arrive at a place specified in the notice made under paragraph (3) where—
a Customs declaration has been made in respect of the goods;
the person who made the Customs declaration is not a qualifying traveller;
the Customs declaration has not been treated as withdrawn under paragraph 3(2) of Schedule 1 to the Act; and
the person making the notification of importation has a reasonable expectation that the goods will arrive at a place specified in the notice made under paragraph (3) within four hours of the notification being made.
Where a person has submitted information to a specified electronic system as required by regulation 26G(2)(a) (UK Continental Shelf simplified import procedure) that person is deemed to have notified HMRC in accordance with paragraphs (1) and (3) at the time the information is submitted.
Where regulation 39A (mandatory advance declarations by qualifying travellers: other chargeable goods) applies, the notification of importation must be given within a time specified in a notice published by HMRC commissioners.
Where regulation 39A applies in respect of goods; and—
the person importing the goods is a high risk person; or
the goods are specified in a notice published by HMRC,
notification of importation must be given at a place specified in a notice published by HMRC commissioners and in a form and manner specified in that notice.
A person is a “high risk person” for the purpose of paragraph (6C)(a) if that person is not treated as an “eligible person” under regulation 85A (authorisations not requiring an application but subject to revocation), that is they are neither—
treated as an eligible person in relation to F39paragraph (6C)(a) by regulation 85A(2) (authorisation automatically granted); nor
approved as an eligible person F40in relation to paragraph (6C)(a) under regulation 85A(8) (application for authorisation following revocation).
HMRC Commissioners must publish a notice specifying the matters referred to in paragraphs (6B) and (6C).
Annotations
Textual amendments
- F1
Words in reg. 4(1) substituted (31.12.2020) by The Customs (Import Duty, Transit and Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/326), regs. 1(2), 8(a); S.I. 2020/1643, reg. 2, Sch.
- F2
Words in reg. 4(1) substituted (31.12.2020) by The Customs and Excise (Miscellaneous Provisions and Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1215), regs. 1(2), 11(3)(a); S.I. 2020/1643, reg. 2, Sch.
- F3
Word in reg. 4(1) omitted (31.12.2020) by virtue of The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1346), regs. 1(2), 2(3)(a)(i); S.I. 2020/1643, reg. 2, Sch.
- F4
Words in reg. 4(1) substituted (31.12.2020) by The Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020 (S.I. 2020/1234), regs. 1(2), 3(2)(a); S.I. 2020/1643, reg. 2, Sch.
- F5
Words in reg. 4(1) substituted (1.12.2023) by The Customs (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/569), regs. 1(2)(a), 2(3)(a)
- F6
Word in reg. 4(1) omitted (8.11.2021) by virtue of The Free Zones (Customs, Excise and Value Added Tax) Regulations 2021 (S.I. 2021/1156), regs. 1, 2(3)(a)
- F7
Reg. 4(1)(f) inserted (8.11.2021) by The Free Zones (Customs, Excise and Value Added Tax) Regulations 2021 (S.I. 2021/1156), regs. 1, 2(3)(b)
- F8
Words in reg. 4(2) inserted (31.12.2020) by The Customs (Import Duty, Transit and Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/326), regs. 1(2), 8(b); S.I. 2020/1643, reg. 2, Sch.
- F9
Words in reg. 4(3)(c) substituted (3.1.2023) by The Customs (Miscellaneous Amendments) (No. 2) Regulations 2022 (S.I. 2022/1312), regs. 1, 2(2)(a)
- F10
Words in reg. 4(3)(c) substituted (1.12.2023) by The Customs (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/569), regs. 1(2)(a), 2(3)(b)
- F11
Reg. 4(3A)-(3D) inserted (31.12.2020) by The Customs (Import Duty, Transit and Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/326), regs. 1(2), 8(c); S.I. 2020/1643, reg. 2, Sch.
- F12
Reg. 4(3A)(aa) omitted (1.1.2022) by virtue of S.I. 2021/1347, reg. 3(2)(a) (as substituted by The Taxation (Cross-border Trade) (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2021 (S.I. 2021/1444), regs. 1(2), 3(2)(a))
- F13
Word in reg. 4(3A)(b) omitted (13.6.2023) by virtue of The Customs (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/569), regs. 1(1), 2(3)(c)(i)
- F14
Words in reg. 4(3A)(c) substituted (31.12.2020) by The Customs and Excise (Miscellaneous Provisions and Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1215), regs. 1(2), 11(3)(b)(i); S.I. 2020/1643, reg. 2, Sch.
- F15
Words in reg. 4(3A)(c) inserted (13.6.2023) by The Customs (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/569), regs. 1(1), 2(3)(c)(ii)
- F16
Reg. 4(3A)(d) inserted (13.6.2023) by The Customs (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/569), regs. 1(1), 2(3)(c)(iii)
- F17
Words in reg. 4(3A) substituted (31.12.2020) by The Customs and Excise (Miscellaneous Provisions and Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1215), regs. 1(2), 11(3)(b)(ii); S.I. 2020/1643, reg. 2, Sch.
- F18
Reg. 4(3AB) inserted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1346), regs. 1(2), 2(3)(b); S.I. 2020/1643, reg. 2, Sch.
- F19
Reg. 4(3AC) inserted (31.12.2020) by The Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020 (S.I. 2020/1234), regs. 1(2), 3(2)(c); S.I. 2020/1643, reg. 2, Sch.
- F20
Word in reg. 4(3AC)(a) omitted (13.6.2023) by virtue of The Customs (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/569), regs. 1(1), 2(3)(d)(i)
- F21
Reg. 4(3AC)(aa) inserted (13.6.2023) by The Customs (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/569), regs. 1(1), 2(3)(d)(ii)
- F22
Reg. 4(3AC)(b) omitted (1.1.2022) by virtue of S.I. 2021/1347, reg. 3(2)(a) (as substituted by The Taxation (Cross-border Trade) (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2021 (S.I. 2021/1444), regs. 1(2), 3(2)(a))
- F23
Words in reg. 4(3B) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1346), regs. 1(2), 2(3)(c); S.I. 2020/1643, reg. 2, Sch.
- F24
Words in reg. 4(3B) substituted (31.12.2020) by The Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020 (S.I. 2020/1234), regs. 1(2), 3(2)(d); S.I. 2020/1643, reg. 2, Sch.
- F25
Words in reg. 4(3C)(a) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1346), regs. 1(2), 2(3)(d); S.I. 2020/1643, reg. 2, Sch.
- F26
Words in reg. 4(3C) substituted (31.12.2020) by The Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020 (S.I. 2020/1234), regs. 1(2), 3(2)(d); S.I. 2020/1643, reg. 2, Sch.
- F27
Word in reg. 4(3C)(a) omitted (1.1.2022) by virtue of S.I. 2021/1347, reg. 3(2)(c)(i) (as substituted by The Taxation (Cross-border Trade) (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2021 (S.I. 2021/1444), regs. 1(2), 3(2)(a))
- F28
Words in reg. 4(3C)(b) inserted (31.12.2020) by The Customs (Transitional Arrangements) (EU Exit) Regulations 2020 (S.I. 2020/1088), regs. 1(2), 3(3); S.I. 2020/1643, reg. 2, Sch.
- F29
Word in reg. 4(3C)(b) inserted (1.1.2022) by S.I. 2021/1347, reg. 3(2)(c)(ii) (as substituted by The Taxation (Cross-border Trade) (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2021 (S.I. 2021/1444), regs. 1(2), 3(2)(a))
- F30
Reg. 4(3C)(c) substituted (31.1.2024) by The Taxation (Cross-border Trade) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/12), regs. 1(2), 2(2) (with reg. 1(3))
- F31
Words in reg. 4(3D)(c) inserted (31.12.2020) by The Customs and Excise (Miscellaneous Provisions and Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1215), regs. 1(2), 11(3)(f); S.I. 2020/1643, reg. 2, Sch.
- F32
Reg. 4(3E)-(3H) inserted (13.6.2023) by The Customs (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/569), regs. 1(1), 2(3)(e)
- F33
Word in reg. 4(5) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(2)(a); S.I. 2020/1643, reg. 2, Sch.
- F34
Words in reg. 4(5) inserted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(2)(b); S.I. 2020/1643, reg. 2, Sch.
- F35
Reg. 4(5)(b) and word omitted (31.12.2020) by virtue of The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(2)(c); S.I. 2020/1643, reg. 2, Sch.
- F36
Reg. 4(6) inserted (3.1.2023) by The Customs (Miscellaneous Amendments) (No. 2) Regulations 2022 (S.I. 2022/1312), regs. 1, 2(2)(b)
- F37
Reg. 4(6A) inserted (13.6.2023) by The Customs (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/569), regs. 1(1), 2(3)(f)
- F38
Reg. 4(6B)-(6E) inserted (1.12.2023) by The Customs (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/569), regs. 1(2)(a), 2(3)(g)
- F39
Words in reg. 4(6D)(a) substituted (4.12.2023) by The Customs (Aerodromes and Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1202), regs. 1, 4(3)(a)
- F40
Words in reg. 4(6D)(b) substituted (4.12.2023) by The Customs (Aerodromes and Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1202), regs. 1, 4(3)(b)
Marginal citations
- M1
See paragraphs 1 and 2 of Schedule 6 to the Act on notification of importation.
- M2
Section 37(8) of the Act explains references to a person who makes a Customs declaration.
- M3
“A storage procedure” is defined in paragraph 2 of Schedule 2 to the Act.
- M4
“The free-circulation procedure” is defined in section 3 of the Act.
Modifications
- C1
Pts. 1-10 applied (with modifications) (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 32; S.I. 2020/1643, reg. 2, Sch.
Commencement
- I1
Reg. 4 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.