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Regulation 9 Amendments to the Customs (Northern Ireland) (EU Exit) Regulations 2020

Original text. Later amendments are not shown.

(1)

The Customs (Northern Ireland) (EU Exit) Regulations 2020f1 are amended as follows.

(2)

After regulation 28 (modification of section 9 of the Customs and Excise Management Act 1979), insert—

“Modification of section 159 of the Customs and Excise Management Act 1979

28A

Section 159 of CEMA 1979 (power to examine and take account of goods)f2 applies for any purpose in connection with duty under section 30A(3) or 40A of the Act as if—

(a)

the amendments to that section made by paragraph 107 of Schedule 7 to the Act had effect for that purpose; and

(b)

in subsection (1), for paragraphs (aa) and (ab) there were substituted—

“(aa)

which are subject to customs supervision within the meaning of Article 134 of Regulation (EU)952/2013 of the European Parliament and of the Council of 9 October 2013 laying down Union Customs Codef3 as it has effect as a result of Section 7A of the European Union (Withdrawal) Act 2018f4 (“the code”); or

(ab)

which have been released in accordance with Article 194 of the Code so far as is necessary for the purpose of verifying the accuracy and completeness of the information given in a customs declaration; or”.”.

(3)

In regulation 39 (amendment of the Customs Transit Procedures (EU Exit) Regulations 2018), in paragraph (2), omit sub-paragraphs (ee) to (ll).

Annotations

Footnotes

f1

S.I. 2020/1605.

f2

Section 159 is amended by paragraph 107 of Schedule 7 to the 2018 Act, with savings provided for by paragraph 158 of that Schedule (which is inserted by paragraph 10(6) of Schedule 1 to the Taxation (Post-transition Period) Act 2020). The effect of those savings is that the amendments would not, but for the effect of this Regulation, apply for the purposes of duty under section 30A(3) or 40A of the 2018 Act.

f3

OJ No. L 269, 10.10.2013, p. 1.

f4

2018 c. 16. Section 7A was inserted by section 5 of the European Union (Withdrawal Agreement) Act 2020 (c. 1).