The Community Customs Code (Consequential Amendment of References) Regulations 1993

Made: 2nd December 1993

Laid before Parliament: 10th December 1993

Coming into force: 1st January 1994

The Commissioners of Customs and Excise, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972[^f00001] in relation to customs matters of the European Communities[^f00002], 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:

Citation and commencement

1

These Regulations may be cited as the Community Customs Code (Consequential Amendment of References) Regulations 1993 and shall come into force on 1st January 1994.

Amendments of the Management Act

2

• (1) The Customs and Excise Management Act 1979[^f00003] shall be amended as follows.

• (2) In each of sections 20(3) (approval of wharves), 22(3) (approval of examination stations at customs and excise airports), 25(3) (approval of transit sheds) and 42(3) (power to regulate unloading, removal etc. of imported goods), for the words “Article 3.3 of Council Regulation (EEC) No. 2726/90”[^f00004] there shall be substituted the words “Article 165 of Council Regulation (EEC) No. 2913/92 and Article 311 of Commission Regulation (EEC) No. 2454/93”[^f00005].

• (3) In each of sections 20A (approved wharves) and 22A (examination stations), for the words “Article 11 of Council Regulation (EEC) No. 4151/88”[^f00006] there shall be substituted the words “Article 46 of Council Regulation (EEC) No. 2913/92”.

• (4) In section 25A (transit sheds), for the words “Article 17 of Council Regulation (EEC) No. 4151/88” there shall be substituted the words “Article 51 of Council Regulation (EEC) No. 2913/92”.

• (5) In section 27(1A) (officers' powers of boarding), for the words “Article 3 of Commission Regulation (EEC) No. 2561/90”[^f00007] there shall be substituted the words “Article 98 of Council Regulation (EEC) No. 2913/92 or Article 505 of Commission Regulation (EEC) No. 2454/93”.

• (6) In section 75C(1) (records relating to goods subject to certain transit arrangements)–

• (a) for the words “Commission Regulation (EEC) No. 1214/92”[^f00008] there shall be subsituted the words “Title II of Part II of Commission Regulation (EEC) No. 2454/93”;

• (b) for the words “Article 16” there shall be substituted the words “Article 324”.

• (7) In section 77C(1)(a) (information powers relating to goods subject to certain transit arrangements), for the words “Article 16” there shall be substituted the words “Article 324”.

Amendment of Free Zone Regulations

3

For the Schedule to the Free Zone Regulations 1991[^f00009] there shall be substituted Schedule 1 to these Regulations.

Amendments of Importation of Goods Regulations

4

• (1) The Customs Controls on Importation of Goods Regulations 1991[^f00010] shall be amended as follows.

• (2) In regulation 2–

• (a) for the words “Council Regulation (EEC) No. 4151/88” there shall be substituted the words “Council Regulation (EEC) No. 2913/92”;

• (b) the following definition shall be inserted after the definition of “the Council Regulation”–

• “the Commission Regulation” means the Commission Regulation (EEC) No. 2454/93

• (3) In regulation 3(1) for the words “as required by Article 5, second paragraph,” there shall be substituted the words “when presentation of the goods is required by Article 40”.

• (4) In regulation 3(3) for the words “Article 5, second paragraph” there shall be substituted the words “Article 40”.

• (5) In regulation 4 for the words “Article 8” there shall be substituted the words “Article 43”.

• (6) In regulation 5 for the words “Article 15” there shall be substituted the words “Article 49”.

• (7) In regulation 7 for the words “Article 3.3 of Council Regulation (EEC) No. 2726/ 90” there shall be substituted the words “Article 165 of the Council Regulation and Article 311 of the Commission Regulation”.

• (8) In regulation 8 after the words “Council Regulation” there shall be inserted the words “or any provision of the Commission Regulation”.

• (9) In Schedule 1 for the words “Article 5 of the Council Regulation (EEC) No. 4151/ 88” there shall be substituted the words “Article 40 of the Council Regulation”.

• (10) For Schedule 4 there shall be substituted Schedule 2 to these Regulations.

Amendments of Transit Regulations

5

• (1) The Customs and Excise (Transit) Regulations 1993[^f00011] shall be amended as follows.

• (2) In regulation 2, in paragraph (a) of the definition of “Consignment Note CIM” and “TR transfer note”, for the words “Articles 72 and 86 respectively of Commission Regulation (EEC) No. 1214/92” there shall be substituted the words “Articles 413 and 427 respectively of Commission Regulation (EEC) No. 2454/93”.

• (3) In regulation 2, in the definition of “relevant Community provision”–

• (a) in paragraph (a)–

• (i) for the words “first, second or third” there shall be substituted the words “first or second”;

• (ii) in sub–paragraph (i) for the words “Article 37(3) of Council Regulation (EEC) No. 2726/90” there shall be substituted the words “Article 163(3) of Council Regulation (EEC) No. 2913/92 and Article 381(2) of Commission Regulation (EEC) No. 2454/93”;

• (iii) in sub–paragraph (ii) for the words “Articles 81(1) and 96(1) of Commission Regulation (EEC) No. 1214/92” there shall be substituted the words “Articles 422(1) and 437(1) of Commission Regulation (EEC) No. 2454/ 93”;

• (b) in paragraph (b) for the words “fourth or fifth” there shall be substituted the words “third or fourth”.

• (4) For the Schedule there shall be substituted Schedule 3 to these Regulations.

Amendment of Customs Warehousing Regulations

6

For the Schedule to the Customs Warehousing Regulations 1991[^f00012] there shall be substituted Schedule 4 to these Regulations.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

Signed

Martin Brown — Commissioner of Customs and Exercise — 2nd December 1993

Explanatory note

(This note is not part of the Regulations)

These Regulations make technical amendments to certain provisions to preserve their legal effect after the establishment of the Community Customs Code by Council Regulation (EEC) No. 2913/92 (OJ No. L302, 19.10.92, p.1) and the adoption of Commission Regulation (EEC) No. 2454/93 (OJ No. L253, 11.10.93, p.1) which implements the Code. Those Community regulations repeal and re–enact earlier instruments with effect from 1st January 1994.

At the time of making these Regulations, certain provisions in the Customs and Excise Management Act 1979 (1979 c. 2) and various statutory instruments relating to customs refer to those earlier Commmunity instruments. These Regulations amend the 1979 Act and the statutory instruments, with effect from 1st January 1994, by substituting references to the Council Regulation and the Commission Regulation for references to the repealed Community instruments.

Footnotes

[^f00001]: 1972 c. 68.

[^f00002]: S.I. 1977/980.

[^f00003]: 1979 c. 2.

[^f00004]: OJ No. L262, 26.9.90, p.1.

[^f00005]: Council Regulation: OJ No. L302, 19.10.92, p.1; Commission Regulation: OJ No. L253, 11.10.93, p.1.

[^f00006]: OJ No. L367, 31.12.88, p.1.

[^f00007]: OJ No. L246, 10.9.90, p.1.

[^f00008]: OJ No. L132, 16.5.92, p.1.

[^f00009]: S.I. 1991/2727.

[^f00010]: S.I. 1991/2724; regulations 5 and 7 were amended by S.I. 1992/3095.

[^f00011]: S.I. 1993/1353.

[^f00012]: S.I. 1991/2725.

[^f00013]: OJ No. L226, 13.8.87, p.2. The Appendices to the Convention were substituted by Decision Nos. 1/91 and 2/ 92 of the EEC–EFTA Joint Committee on Common Transit (OJ No. L402, 31.12.92, pp.1 and 9 respectively).