The Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020

Type Statutory-Instrument
Publication 2020-12-16
Last updated 2026-01-21
State In force
Department King's Printer of Acts of Parliament
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  • (iii) the references to “goods that are imported into the United Kingdom by their entry into Northern Ireland” are to be read as including references to goods that are imported into the customs territory of the United Kingdom – Crown Dependencies Customs Union by their entry into Northern Ireland;
  • (f) in paragraph (9), the reference to “arrangements for a licensing system in respect of preferential quota goods under Part 3 of the Tariff Quota Regulations” is to be read as including a reference to any such arrangements under the licensing system which applies under Part 3 of those Regulations, as modified by paragraphs 4(2) and 5(q) of Schedule 4 to those Regulations in relation to an application for a licence to import such goods by a person intending to import such goods in the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey.
  • (7) In regulation 5—
  • (a) in paragraph (2)(a), the reference to “they are granted authorisation under the Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018” is to be read as including a reference to goods that are granted authorisation under any equivalent customs legislation in force in the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (b) in paragraph (3), the reference to “the customs value of those goods” is, in relation to goods which are authorised goods, to be read as including a reference to the customs value of any such goods as determined in accordance with the methodology set out in any provision of customs legislation equivalent to Part 12 of the Customs (Import Duty) (EU Exit) Regulations 2018 in force in the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey.
  • (8) In regulation 6, the reference to “originating goods”, in the context of goods that originate in the United Kingdom as set out in the relevant origin reference document to an Agreement for the purposes of that Agreement, is to be read as including a reference to originating goods in the United Kingdom or goods that originate in any other territories within the United Kingdom – Crown Dependencies Customs Union, and any reference to “originating goods” elsewhere in the Regulations is to be construed accordingly.
  • (9) In regulation 7—
  • (a) in paragraphs (1) and (3), the references to “origin quota goods” are to be read as including references to goods subject to an origin quota in the United Kingdom or in any other territories within the United Kingdom – Crown Dependencies Customs Union and any reference elsewhere in the Regulations to “adjusted quota volume”, “quota close date”, “quota duty rate”, “quota number”, “quota open date”, “quota period” and “relevant origin reference document” is to be construed accordingly;
  • (b) in paragraph (3), the reference to “HMRC” is to be read as including a reference to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (c) in paragraph (4), the reference to “Customs declaration for release to free circulation or authorised use” is to be read as including a reference to a declaration for the release of any such goods to an equivalent procedure to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey under equivalent provisions of customs legislation that have effect in those territories.
  • (10) In regulation 10—
  • (a) in paragraph (1), the reference to “the order in which HMRC accepted the request to benefit from the quota” is to be read as including a reference to the order of acceptance of such a request by the customs authorities Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey under equivalent provisions of customs legislation that have effect in those territories;
  • (b) in paragraph (2)—
  • (i) the reference to “the order of acceptance by HMRC of a request to benefit from a quota” is to be read as including a reference to the order of acceptance of such a request by the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (ii) the reference to “the date of acceptance by HMRC of the Customs declaration for free circulation or authorised use of the relevant goods into the United Kingdom” is to be read as including a reference to the date of acceptance by the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey of any declaration for an equivalent customs procedure for the release of goods into those territories under equivalent provisions of customs legislation that have effect in those territories;
  • (c) in paragraphs (3)—
  • (i) the reference to “Customs declaration” is to be read as including an equivalent declaration to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey under equivalent provisions of customs legislation that have effect in those territories;
  • (ii) the reference to “HMRC” is to be read as including a reference to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (d) in paragraphs (4) and (7), the references to “HMRC” are to be read as including a reference to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (e) in paragraph (6)—
  • (i) the first reference to “HMRC” is to be read as including a reference to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (ii) the reference to “acceptance by HMRC of the associated Customs declaration for release of the goods for free circulation or authorised use into the United Kingdom” is to be read as including a reference to the acceptance of a declaration for the release of the goods to an equivalent procedure into the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey by the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey under equivalent provisions of customs legislation that have effect in those territories.
  • (11) In regulation 11—
  • (a) in paragraph (1)—
  • (i) the reference to “the importation of preferential quota goods or origin quota goods into the United Kingdom” is to be read as including a reference to the importation of any such goods into the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (ii) the reference to “the date of acceptance by HMRC of the Customs declaration for free circulation or authorised use for those goods” is to be read as including a reference to the date of acceptance by the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey of a declaration for an equivalent procedure for those goods under equivalent provisions of customs legislation that have effect in those territories;
  • (b) in paragraph (2)—
  • (i) the reference to “Customs declarations for free circulation or authorised use” is to be read as including declarations to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey for an equivalent customs procedure under equivalent provisions of customs legislation that have effect in those territories;
  • (ii) the references to “HMRC” are to be read as including a reference to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (c) in paragraph (3)—
  • (i) the reference to “the Customs declaration for free circulation or authorised use” is to be read as including the declaration to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey for an equivalent customs procedure under equivalent provisions of customs legislation that have effect in those territories;
  • (ii) the reference to “HMRC” is to be read as including a reference to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (d) in paragraph (4), the reference to “HMRC” is to be read as including a reference to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey.
  • (12) In regulation 12, in paragraphs (1) and (2), the references to “HMRC” are to be read as including references to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey.
  • (13) In regulation 13, the reference to the “Goods Classification Table” is to be read as including a reference to any such Table made under equivalent provisions of customs legislation that have effect in the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey.
  • (14) In regulation 14—
  • (a) in paragraph (2), the reference to “presentation of the goods on importation into the United Kingdom” is to be read as including a reference to presentation of any such goods on importation into the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (b) in paragraphs (2), (3) and (4), the references to “HMRC” are to be read as including references to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey.
  • (15) In regulation 15(2), the references to “HMRC” are to be read as including references to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey.
  • (16) In regulation 16—
  • (a) in paragraph (1)—
  • (i) the reference to “the United Kingdom” is to be read as including a reference to “the combined territory of the United Kingdom and any other territories within the United Kingdom – Crown Dependencies Customs Union”;
  • (ii) the reference to “on presentation to HMRC of a valid proof of origin” is to be read as including a reference to the presentation of such a valid proof of origin to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey under any equivalent provisions of customs legislation that have effect in those territories;
  • (iii) the reference to “such information or documents as are requested by HMRC under regulation 18” is to be read as including a reference to any such information or documents as are requested by the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey under equivalent provisions of customs legislation that have effect in those territories;
  • (iv) the other references to “HMRC” are to be read as including references to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (b) in paragraph (2), the reference to “the standard rate of import duty under the Customs Tariff (Establishment) (EU Exit) Regulations 2020” is to be read as including a reference to the standard rate of import duty that applies under equivalent provisions of customs legislation that have effect in the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (c) in paragraphs (3) and (4), the references to “HMRC” are to be read as including references to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey.
  • (17) In regulation 17(1)—
  • (a) in the words before sub-paragraph (a), the reference to “HMRC” is to be read as including a reference to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (b) in sub-paragraph (b), the reference to “the territories of the Parties” is, in relation to the Government of the United Kingdom, to be construed as a reference to “the combined territory of the United Kingdom and any other territories within the United Kingdom – Crown Dependencies Customs Union”;
  • (c) in sub-paragraph (c), the reference to “control of HMRC” is to be read as including a reference to control of the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey.
  • (18) In regulation 18—
  • (a) in paragraph (1)—
  • (i) the reference to “a proof of origin under regulation 14(1)” is to be read as including a reference to any such proof of origin under equivalent provisions of customs legislation that have effect in the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (ii) the references to “HMRC” are to be read as including references to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (b) in paragraph (2)—
  • (i) the reference to “HMRC” is to be read as including a reference to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey
  • (ii) the reference to “originating goods” is to be read as including a reference to goods that are originating goods under equivalent provisions of customs legislation that have effect in the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey.
  • (19) In regulation 19(1), the references to “HMRC” are to be read as including references to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey.
  • (20) In regulation 20—
  • (a) in paragraph (1), the reference to “HMRC” is to be read as including a reference to the customs authorities of the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (b) in paragraph (3)—
  • (i) in sub-paragraph (a), the reference to goods that “originate in the United Kingdom” is to be read as including a reference to goods that originate in the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey;
  • (ii) in sub-paragraph (c), the reference to “proof of United Kingdom origin” is, in relation to re-imported goods, to be read as including a reference to the proof of origin of any such goods that originate in the Bailiwick of Guernsey or, as the case may be, the Isle of Man or the Bailiwick of Jersey.

Signed

Michael Tomlinson — Rebecca Harris — Two of the Lord's Commissioners of Her Majesty's Treasury

Greg Hands — Minister of State for Trade Policy

Explanatory note

(This note is not part of the Regulations)

Footnotes

1

2018 c.22. Any power of HMRC Commissioners to make regulations under Part 1 of the Taxation (Cross-border Trade) Act 2018 is exercisable concurrently by the Treasury by virtue of section 32(13) of that Act. Section 9 of the Act is modified by regulation 6 of the Taxation Cross-border Trade (Special Procedures Supplementary and General Provision etc.) (EU Exit) Regulations 2020, S.I. 2020/1439.

3

The customs tariff is the system which the Treasury is required to establish and maintain in force by regulations made under section 8 of the Taxation (Cross-border Trade) Act 2018.

4

See regulation 2(5) of the Customs Tariff (Establishment) (EU Exit) Regulations 2020 (S.I. 2020/1430) for the meaning given to the customs tariff in its standard form (otherwise known as the standard rate of import duty under the customs tariff).

5

S.I. 2018/1248. There are amending instruments but none is relevant.

6

The Preferential Duty Tariff Table is, together with the Preferential Quota table, published separately for each Agreement described in column 1 of that table and is available at: https://www.gov.uk/government/collections/customs-vat-and-excise-uk-transition-legislation-from-1-january-2021. Hard copies are held and available for viewing at the Department for International Trade, 3 Whitehall Place, London SW1A 2AW.

7

The Preferential Quota table is, together with Preferential Duty Tariff Table, published separately for each Agreement described in column 1 of that table and is available at: https://www.gov.uk/government/collections/customs-vat-and-excise-uk-transition-legislation-from-1-january-2021. Hard copies are held and available for viewing at the Department for International Trade, 3 Whitehall Place, London SW1A 2AW.

8

The relevant origin reference document is published separately for each Agreement described in column 1 of that table and is available at: https://www.gov.uk/government/collections/customs-vat-and-excise-uk-transition-legislation-from-1-january-2021. Hard copies are held and available for viewing at the Department for International Trade, 3 Whitehall Place, London SW1A 2AW.

11

Seesection 3(2) of the European Union (Withdrawal) Act 2018 (c. 16) for the meaning given to “direct EU legislation”.

13

The Switzerland Trade Agreement is available at: https://www.gov.uk/government/collections/customs-vat-and-excise-uk-transition-legislation-from-1-january-2021. Hard copies are held and available for viewing at the Department for International Trade, 3 Whitehall Place, London SW1A 2AW.

14

The Eastern and Southern African countries are the Union of Comoros, the Republic of Madagascar, the Republic of Mauritius, the Republic of Seychelles, the Republic of Zambia and the Republic of Zimbabwe. Only the Republic of Mauritius, the Republic of Seychelles and the Republic of Zimbabwe have signed the Agreement, which extends preferential tariff treatment to those three countries.

15

The Liechtenstein Agreement applies the Preferential Tariff in respect of the Switzerland Trade Agreement.

16

The Liechtenstein Agreement applies the Origin Reference Document in respect of the Switzerland Trade Agreement.

21

S.I. 2018/1248. There are amending instruments but none is relevant.

Editorial notes

22

2018 c.22. Any power of HMRC Commissioners to make regulations under Part 1 of the Taxation (Cross-border Trade) Act 2018 is exercisable concurrently by the Treasury by virtue of section 32(13) of that Act. Section 9 of the Act is modified by regulation 6 of the Taxation Cross-border Trade (Special Procedures Supplementary and General Provision etc.) (EU Exit) Regulations 2020, S.I. 2020/1439.

24

S.I. 2018/1248. There are amending instruments but none is relevant.

25

The Preferential Duty Tariff Table is, together with the Preferential Quota table, published separately for each Agreement described in column 1 of that table and is available at: https://www.gov.uk/government/collections/customs-vat-and-excise-uk-transition-legislation-from-1-january-2021. Hard copies are held and available for viewing at the Department for International Trade, 3 Whitehall Place, London SW1A 2AW.

26

The Preferential Quota table is, together with Preferential Duty Tariff Table, published separately for each Agreement described in column 1 of that table and is available at: https://www.gov.uk/government/collections/customs-vat-and-excise-uk-transition-legislation-from-1-january-2021. Hard copies are held and available for viewing at the Department for International Trade, 3 Whitehall Place, London SW1A 2AW.

27

The relevant origin reference document is published separately for each Agreement described in column 1 of that table and is available at: https://www.gov.uk/government/collections/customs-vat-and-excise-uk-transition-legislation-from-1-january-2021. Hard copies are held and available for viewing at the Department for International Trade, 3 Whitehall Place, London SW1A 2AW.

30

Seesection 3(2) of the European Union (Withdrawal) Act 2018 (c. 16) for the meaning given to “direct EU legislation”.

31

S.I. 2018/1249; as amended by S.I. 2019/108, 326, 486, 1215, 1346 and 2020/1088.

32

The Switzerland Trade Agreement is available at: https://www.gov.uk/government/collections/customs-vat-and-excise-uk-transition-legislation-from-1-january-2021. Hard copies are held and available for viewing at the Department for International Trade, 3 Whitehall Place, London SW1A 2AW.

37

S.I. 2018/1248. There are amending instruments but none is relevant.

41

Reg. 16 not in force at made date, see reg. 1(1)

42

Reg. 18 not in force at made date, see reg. 1(1)

43

Reg. 13 not in force at made date, see reg. 1(1)

44

Reg. 12 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

47

Reg. 21 not in force at made date, see reg. 1(1)

49

Words in Sch. 1 inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) (23.2.2023) by The Customs Tariff (Preferential Trade Arrangements and Tariff Quotas) (Australia) (Amendment) Regulations 2023 (S.I. 2023/195), reg. 2(2)(a)

50

Reg. 19 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

51

Reg. 2 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

52

Reg. 8 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

53

Reg. 1 not in force at made date, see reg. 1(1)

56

Reg. 16 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

58

Reg. 5 not in force at made date, see reg. 1(1)

62

Reg. 20 not in force at made date, see reg. 1(1)

65

Reg. 14 not in force at made date, see reg. 1(1)

66

Reg. 5 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

71

Sch. 2 para. 4 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

72

Reg. 9 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

73

Sch. 2 para. 2 not in force at made date, see reg. 1(1)

74

Reg. 20 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

77

Reg. 17 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

79

Reg. 11 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

80

Sch. 2 para. 1 not in force at made date, see reg. 1(1)

81

Reg. 3 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

83

Sch. 2 para. 1 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

88

Reg. 6 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

90

Reg. 17 not in force at made date, see reg. 1(1)

91

Reg. 4 not in force at made date, see reg. 1(1)

92

Reg. 12 not in force at made date, see reg. 1(1)

94

Words in Sch. 1 inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) (23.2.2023) by The Customs Tariff (Preferential Trade Arrangements and Tariff Quotas) (Australia) (Amendment) Regulations 2023 (S.I. 2023/195), reg. 2(2)(c)

100

Reg. 10 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

101

Reg. 13 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

104

Reg. 11 not in force at made date, see reg. 1(1)

105

Reg. 15 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

106

Words in Sch. 1 inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) (23.2.2023) by The Customs Tariff (Preferential Trade Arrangements) (New Zealand) (Amendment) Regulations 2023 (S.I. 2023/194), reg. 2(2)(c)

111

Words in Sch. 1 inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) (23.2.2023) by The Customs Tariff (Preferential Trade Arrangements) (New Zealand) (Amendment) Regulations 2023 (S.I. 2023/194), reg. 2(2)(a)

114

Reg. 2 not in force at made date, see reg. 1(1)

116

Reg. 9 not in force at made date, see reg. 1(1)

120

Sch. 2 para. 4 not in force at made date, see reg. 1(1)

124

Sch. 2 para. 3 not in force at made date, see reg. 1(1)

127

Sch. 2 para. 2 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

128

Reg. 19 not in force at made date, see reg. 1(1)

130

Reg. 15 not in force at made date, see reg. 1(1)

133

Reg. 4 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

134

Reg. 10 not in force at made date, see reg. 1(1)

139

Reg. 3 not in force at made date, see reg. 1(1)

147

Reg. 1 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

148

Reg. 7 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

149

Reg. 8 not in force at made date, see reg. 1(1)

150

Reg. 7 not in force at made date, see reg. 1(1)

151

Reg. 18 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

154

Reg. 6 not in force at made date, see reg. 1(1)

159

Sch. 2 para. 3 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

161

Reg. 21 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

164

Reg. 14 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

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