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The Customs Warehousing Regulations 1991

S.I. 1991/2725 · Made 4 December 1991

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CUSTOMS AND EXCISE

Made 4th December 1991

Laid before Parliament 11th December 1991

Coming into force 1st January 1992

The Commissioners of Customs and Excise, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972f1 in relation to customs matters of the European Communitiesf2, in exercise of the powers conferred upon them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1972 c. 68.

f2

S.I. 1977/980.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment of the Customs and Excise Management Act 1979
  4. 4Value Added Tax
  5. 5Offences, penalty and forfeiture
  6. 6Supplementary
  7. Signature
  8. Schedule RELEVANT COMMUNITY PROVISIONS
  9. Explanatory note

1Citation and commencement

These Regulations may be cited as the Customs Warehousing Regulations 1991 and shall come into force on 1st January 1992.

2Interpretation

In these Regulations–

  • “the Act” means the Customs and Excise Management Act 1979f1;

  • “the customs and excise Acts” has the same meaning as in section 1(1) of the Act;

  • “relevant Community provision” means any provision of a Community Regulation specified in the first and second columns of the Schedule.

3Amendment of the Customs and Excise Management Act 1979

(1)

Subject to regulation 4 below the Act shall be amended as follows.

(2)

In section 1(1) (interpretation)–

(a)

the definition of “customs warehouse” shall be omitted; and

(b)

there shall be inserted the following definition:

““victualling warehouse” means a place of security approved by the Commissioners under subsection (2) (whether or not it is also a place approved under subsection (1) of section 92 below).”

(3)

In section 27 (officers' powers of boarding), there shall be inserted after subsection (1)f1 the following–

“(1A)

For the purposes of subsection (1) above “customs warehouse” means a victualling warehouse or a place approved by the Commissioners under Article 3 of Commission Regulation (EEC) No. 2561/90.”

(4)

In section 92f2 (approval of warehouses)–

(a)

for subsection (2) there shall be substituted the following–

“(2)

Functions with respect to the approval of warehouses for the purposes of Article 38 of Commission Regulation (EEC) No. 3665/87f3 shall be exercised by the Commissioners; and a warehouse approved by them for such purposes is referred to in this Act as a “victualling warehouse”.”

(b)

in subsection (3), for “customs” there shall be substituted “victualling”; and

(c)

in subsection (4), for “customs warehouse” there shall be substituted “victuall ing warehouse”.

(5)

In section 98(4) (definition of prescribed period for purposes of procedure when warehouse ceases to be approved) for “customs warehouse” there shall be substituted “victualling warehouse”.

4Value Added Tax

The amendments made to the Act by regulation 3 above shall not have effect in relation to the application of the Act by virtue of section 24(1) of the Value Added Tax Act 1983f1.

5Offences, penalty and forfeiture

In the event of any contravention or failure to comply with–

(a)

any relevant Community provision; or

(b)

any requirement or condition imposed by or under any such provision; or

(c)

any undertaking given pursuant to any such provision or requirement,

the person responsible for the contravention or failure shall be liable on summary conviction to a penalty of level 3 on the standard scalef1 together with a penalty of £40 for each day on which such contravention or failure continues; and any goods in respect of which such offence was committed shall be liable to forfeiture.

6Supplementary

(1)

Section 139 of and Schedule 3 to the Actf1 (detention, seizure and condemnation of goods) shall apply to any goods liable to forfeiture under regulation 5 above as if the goods were liable to forfeiture under the customs and excise Acts.

(2)

Sections 144 to 148 and 150 to 155 of the Actf2 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under regulation 5 above and proceedings for such offences or for condemna tion of any thing as being forfeited under that regulation as they apply in relation to offences and penalties and proceedings for offences or for condemnation under the customs and excise Acts.

Signature

King’s Beam House,22 Upper Ground,LondonSE1 9PJ

Alexander W. Russell

Commissioner of Customs and Excise

4th December 1991

RELEVANT COMMUNITY PROVISIONS

(1)(2)(3)
Community RegulationRelevant ProvisionSubject matter of Provision
Council Regulation (EEC) No. 2503/88f1Article 8(a)Warehousekeeper to ensure that goods in warehouse are not removed from customs supervision.
Article 8(b)Warehousekeeper to fulfil obligations arising from storage of goods.
Article 8(c)Warehousekeeper to comply with conditions of authorization.
Article 14Designated person to keep stock records in approved form and at disposal of customs authority.
Article 19Temporary removal needs authorization. Article 20 Transfer needs authorization.
Commission Regulation (EEC) No. 2561/90f2Article 13Failure to make presentation of goods and lodge declaration. Article 24 Authorized use of simplified procedures.
Articles 34, 35 and 59Authorization for usual forms of handling.
Article 39Inventory to be furnished when required.
Articles 40–43Treatment without customs approved formalities.
Articles 44–49Provisions concerning release for free circulation.
Articles 50–55Provisions concerning export.
Articles 60–62Requirement for export declaration.
Article 64Customs status and identification of Community goods.

Explanatory note

(This note is not part of the Regulations)

From 1st January 1992 the approval and administration of customs warehouses will be governed by Council Regulation (EEC) No. 2503/88 and Commission Regulation (EEC) No. 2561/90, except in the case of victualling warehouses which will continue to be approved under section 92(2) of the Customs and Excise Management Act 1979 for the purposes of Article 38 of Commission Regulation (EEC) No. 3665/87.

These Regulations substitute a new subsection for section 92(2) and amend section 1 (interpretation) to the effect that provisions of the 1979 Act which hitherto applied to all customs warehouses will apply only to victualling warehouses. This is with the exception of the powers of search conferred by section 27 which will operate in respect of warehouses approved under the EC Regulations as well as victualling warehouses. The provisions which will lose their application to customs warehouses will continue to operate where appropriate for excise purposes and, under regulation 4 of these Regulations, for the warehousing of goods on which value added tax is chargeable on importation.

Certain other consequential amendments are made to the 1979 Act.

These Regulations provide for penalties and forfeiture for contravention of require ments set out in the EC instruments.