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The Customs (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2021

Type Statutory-Instrument

Publication 2021-12-29

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: at 10.00 a.m. on 29th December 2021

Laid before the House of Commons: at 14.30 p.m. on 29th December 2021

Coming into force: 1st January 2022

The Secretary of State has recommended that, in accordance with sections 9(3) and 17(8) of that Act, the following Regulations should be made.

PART 1 — Introduction

Citation and commencement

1

These Regulations may be cited as the Customs (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2021 and come into force on 1st January 2022.

PART 2 — Tariffs etc.

Amendment of the Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018

2

(1) The Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018[^f00003] are amended as follows.

(2) In regulation 32(2) (authorised uses)[^f00004], for ““Authorised Use: Eligible Goods and Authorised Uses (version 2.2)” dated 19th July 2021” substitute ““Authorised Use: Eligible Goods and Authorised Uses (version 2.3)” dated 28th December 2021”[^f00005].

Amendment of the Customs Tariff (Establishment) (EU Exit) Regulations 2020

3

In regulation 1(2) of the Customs Tariff (Establishment) (EU Exit) Regulations 2020 (citation, commencement and interpretation)[^f00006], in the definition of “Tariff of the United Kingdom”, for “1.6, dated 25th October 2021” substitute “1.7, dated 28th December 2021”[^f00007].

Amendment of the Customs (Reliefs from a Liability to Import Duty and Miscellaneous Amendments) (EU Exit) Regulations 2020

4

(1) The Customs (Reliefs from a Liability to Import Duty and Miscellaneous Amendments) (EU Exit) Regulations 2020[^f00008] are amended as follows.

(2) In regulation 2(1) (interpretation)[^f00009], in the definition of “UK Reliefs document”, for “1.2 dated 22nd March 2021” substitute “1.3 dated 28th December 2021”[^f00010].

(3) In regulation 11 (notifications further to a claim for relief)—

(a) after paragraph (2) insert—

(2A) Where a claim for relief is made in the Customs declaration made in respect of the goods and the declaration is accepted before the expiry of the period in paragraph (2)(b), the notification of receipt is to be treated as having been given under paragraph (2). (2B) Where a claim for relief is made in the Customs declaration made in respect of the goods and the declaration is rejected before the expiry of the period in paragraph (2)(b), the claim is to be treated as if it had never been made.

(b) in paragraph (3), omit subparagraph (a);

(3A) Paragraphs (3B) and (3C) apply where a claim for relief is made in a Customs declaration. (3B) In relation to a claim for partial relief or where HMRC have determined to refuse a claim, a notification of liability to import duty in respect of the goods to which the claim relates is to be treated as if it were also the notification of determination required under paragraph (3) unless that notification of liability has been given before the date of the determination. (3C) In relation to a claim for relief that is granted where no notification of liability to import duty is given in respect of the goods to which the claim relates, discharge of the goods from the free-circulation procedure is to be treated as the notification of determination required under paragraph (3) unless a notification of determination has been given in respect of the claim before the goods were discharged.

(d) in paragraph (4), for “Reasons” substitute “Subject to paragraph (4A), reasons”;

(e) after paragraph (4) insert—

(4A) Where a claim for relief is made in a Customs declaration made in respect of the goods and the claim is refused— (a) paragraph (4) is to be disregarded, and (b) reasons for refusal of the claim must be given to the claimant on request.

(4) In regulation 20(4) (lower rate of import duty – goods declared for an authorised use procedure)[^f00011], for “1.2 dated 19th July 2021” substitute “1.3 dated 28th December 2021”[^f00012].

Amendment of the Customs (Origin of Chargeable Goods) (EU Exit) Regulations 2020

5

In regulation 2 of the Customs (Origin of Chargeable Goods) (EU Exit) Regulations 2020 (interpretation)[^f00013], in the definition of “Rules of Origin”, for “1.0 dated 7th December 2020” substitute “1.1 dated 28th December 2021”[^f00014].

Amendment of the Customs Tariff (Suspension of Import Duty Rates) (EU Exit) Regulations 2020

6

In regulation 2 of the Customs Tariff (Suspension of Import Duty Rates) (EU Exit) Regulations 2020[^f00015], in the definition of “Suspensions of Import Duty Rates Document”, for “1.4, dated 25th October 2021” substitute “1.5, dated 28th December 2021[^f00016]”.

Amendment of the Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020

7

(1) The table in Schedule 1 to the Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020[^f00017] (which relates to agreements to which those Regulations apply) is amended as follows[^f00018].

(2) In the row relating to the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Albania, signed on 5th February 2021—

(a) for the entry in the second column substitute—

The Albania Preferential Tariff, version 1.2, dated 28th December 2021.

(b) for the entry in the third column substitute—

The Albania Origin Reference Document, version 1.1, dated 28th December 2021.

(3) In the row relating to the Trade Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, of the one part and the Republic of Colombia, the Republic of Ecuador and the Republic of Peru, of the other part, signed on 15th May 2019 and applied between the United Kingdom of Great Britain and Northern Ireland and the Republic of Ecuador—

(a) for the entry in the second column substitute—

The Andean Countries Preferential Tariff, version 1.3, dated 28th December 2021.

(b) for the entry in the third column substitute—

The Andean Countries Origin Reference Document, version 1.1, dated 28th December 2021.

(4) In the row relating to the Interim Agreement establishing an Economic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland, on the one part, and the Republic of Cameroon, on the other part, signed on 9th March 2021—

(a) in the first column—

(i) for “on the one part,” substitute “of the one part,”;

(ii) for “on the other part,” substitute “of the other part,”;

(b) for the entry in the third column substitute—

The Cameroon Origin Reference Document, version 1.3, dated 28th December 2021.

(5) In the row relating to the Trade Continuity Agreement between the United Kingdom of Great Britain and Northern Ireland and Canada, signed by Canada on 9th December 2020—

(a) for the entry in the second column substitute—

The Canada Preferential Tariff, version 1.3, dated 28th December 2021.

(b) for the entry in the third column substitute—

The Canada Origin Reference Document, version 1.1, dated 28th December 2021.

(6) In the row relating to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, for the entry in the third column substitute—

The CARIFORUM Origin Reference Document, version 1.2, dated 28th December 2021.

(7) In the row relating to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on 18th July 2019—

(a) for the entry in the second column substitute—

The Central America Preferential Tariff, version 2.3, dated 28th December 2021.

(b) for the entry in the third column substitute—

The Central America Origin Reference Document, version 1.1, dated 28th December 2021.

(8) In the row relating to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and the Republic of Chile, signed on 30th January 2019—

(a) for the entry in the second column substitute—

The Chile Preferential Tariff, version 2.2, dated 28th December 2021.

(b) for the entry in the third column substitute—

The Chile Origin Reference Document, version 1.1, dated 28th December 2021.

(9) In the row relating to the Stepping Stone Economic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and Côte d’Ivoire, of the other part, signed on 15th October 2020, for the entry in the third column substitute—

The Côte d’Ivoire Origin Reference Document, version 1.1, dated 28th December 2021.

(10) In the row relating to the Agreement establishing an Economic Partnership between the Eastern and Southern African States, on the one part, and the United Kingdom of Great Britain and Northern Ireland, on the other part, signed by the Republic of Mauritius, the Republic of Seychelles and the Republic of Zimbabwe on 31st January 2019, for the entry in the third column substitute—

The Eastern and Southern African States Origin Reference Document, version 1.1, dated 28th December 2021.

(11) In the row relating to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and the Arab Republic of Egypt, signed on 5th December 2020—

(a) for the entry in the second column substitute—

The Egypt Preferential Tariff, version 1.2, dated 28th December 2021.

(b) for the entry in the third column substitute—

The Egypt Origin Reference Document, version 1.1, dated 28th December 2021.

(12) In the row relating to the Agreement on Trade and Co-operation between the European Union and the European Atomic Energy Community on the one part, and the United Kingdom of Great Britain and Northern Ireland on the other part, signed on 30th December 2020, for the entry in the third column substitute—

The European Union Origin Reference Document, version 1.1, dated 28th December 2021.

(13) In the row relating to the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Denmark in respect of the Faroe Islands, signed on 31st January 2019—

(a) for the entry in the second column substitute—

The Faroe Islands Preferential Tariff, version 2.1, dated 28th December 2021.

(b) for the entry in the third column substitute—

The Faroe Islands Origin Reference Document, version 1.1, dated 28th December 2021.

(14) In the row relating to the Agreement establishing a Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and Georgia, signed on 21st October 2019, for the entry in the third column substitute—

The Georgia Origin Reference Document, version 1.1, dated 28th December 2021.

(15) In the row relating to the Interim Trade Partnership Agreement between the Republic of Ghana, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, signed on 2nd March 2021—

(a) for the entry in the first column substitute—

Interim Trade Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Ghana, of the other part, signed on 2nd March 2021.

(b) for the entry in the third column substitute—

The Ghana Origin Reference Document, version 1.1, dated 28th December 2021.

(16) In the row relating to the Agreement on Trade in Goods between Iceland and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland signed on 8th December 2020—

(a) for the entry in the first column substitute—

Agreement on Trade in Goods between the United Kingdom of Great Britain and Northern Ireland, Iceland and the Kingdom of Norway, signed on 8th December 2020.

(b) for the entry in the second column substitute—

The Iceland Preferential Tariff, version 1.1, dated 28th December 2021.

The Iceland Origin Reference Document, version 1.1, dated 28th December 2021.

(17) In the row relating to the Trade and Partnership Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the State of Israel, signed on 18th February 2019—

(a) for the entry in the second column substitute—

The Israel Preferential Tariff, version 2.2, dated 28th December 2021.

(b) for the entry in the third column substitute—

The Israel Origin Reference Document, version 1.1, dated 28th December 2021.

(18) In the row relating to the Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership, signed on 23rd October 2020—

(a) for the entry in the second column substitute—

The Japan Preferential Tariff, version 2.3, dated 28th December 2021.

(b) for the entry in the third column substitute—

The Japan Origin Reference Document, version 1.1, dated 28th December 2021.

(19) In the row relating to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and the Hashemite Kingdom of Jordan, signed on 5th November 2019—

(a) for the entry in the second column substitute—

The Jordan Preferential Tariff, version 1.2, dated 28th December 2021.

(b) for the entry in the third column substitute—

The Jordan Origin Reference Document, version 1.1, dated 28th December 2021.

(20) In the row relating to the Economic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Kenya, of the other part, signed on 8th December 2020—

(a) in the first column, after the first instance of “Republic of Kenya,” insert “a Member of the East African Community,”;

(b) for the entry in the third column substitute—

The Kenya Origin Reference Document, version 1.1, dated 28th December 2021.

(21) In the row relating to the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Korea, of the other part, signed on 22nd August 2019—

(a) for the entry in the third column substitute—

The Korea Origin Reference Document, version 1.1, dated 28th December 2021.

(22) In the row relating to the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo, signed on 3rd December 2019—

(a) for the entry in the second column substitute—

The Kosovo Preferential Tariff, version 2.2, dated 28th December 2021.

(b) for the entry in the third column substitute—

The Kosovo Origin Reference Document, version 1.1, dated 28th December 2021.

(23) In the row relating to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and the Republic of Lebanon, signed on 19th September 2019—

(a) for the entry in the second column substitute—

The Lebanon Preferential Tariff, version 1.2, dated 28th December 2021.

(b) for the entry in the third column substitute—

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