Statutory Instrument 1987 No. 2105

The Customs and Excise (Community Transit) (No. 2) Regulations 1987

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© Crown Copyright 1987

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1987 No. 2105

CUSTOMS AND EXCISE

The Customs and Excise (Community Transit) (No. 2) Regulations 1987

The Commissioners of Customs and Excise, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972^[1] in relation to customs matters of the European Communities^[2], 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, commencement and interpretation
    1.    These Regulations may be cited as the Customs and Excise (Community Transit) (No. 2) Regulations 1987 and shall come into force on 1st January 1988.

    2.    In these Regulations—

"relevant Community provision" means any provision of a Community Regulation specified in the first and second columns of the Schedule to these Regulations and shall include any such provision as applied by—
 (a) Article 39 of Council Regulation (EEC) No. 222/77^[3] to goods carried under the internal Community transit procedure;
 (b) Article 38 of Commission Regulation (EEC) No. 1062/87^[4] to a carriage operation starting within and ending outside the Economic Community;
 (c) Article 42 of Commission Regulation (EEC) No. 1062/87 to carriage of goods under cover of an International Express Parcels Consignment Note;
 (d) Article 55 of Commission Regulation (EEC) No. 1062/87 to a carriage operation starting within and ending outside the Economic Community;

"the customs and excise Acts" has the same meaning as in section 1 of the Customs and Excise Management Act 1979^[5];

"the Commissioners" means the Commissioners of Customs and Excise;

"CIM" means International Consignment Note;

"CTTN" means Community Transit Transfer Note.

Specification of transit routes
    3.    Goods moving under the internal or external Community transit procedure shall be moved by such routes within the United Kingdom as the Commissioners may specify.

Offences, penalty and forfeiture
    4.    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 requirement imposed under regulation 3 hereof, or
 (d) any undertaking given pursuant to any such provision or requirement,
the person responsible for the contravention or failure and the person then in charge of the goods shall each be liable on summary conviction to a penalty of £2000 and any goods in respect of which the offence was committed shall be liable to forfeiture.

Supplementary
    5.—(1)  Section 139 of and Schedule 3 to the Customs and Excise Management Act 1979^[6] (detention, seizure and condemnation of goods) shall apply to any goods liable to forfeiture under regulation 4 above as if the goods were liable to forfeiture under the customs and excise Acts.

    (2)  Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979^[6] (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under regulation 4 above and proceedings for such offences or for condemnation of anything 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.

Revocation
    6.    The Customs and Excise (Community Transit) Regulations 1987^[8] are hereby revoked.

Bryce Knox

Commissioner of Customs and Excise
King's Beam House, Mark Lane, London EC3R 7HE

7th December 1987

[1] 1972 c. 68. back

[2] S.I. 1977/980. back

[3] OJ No. L38, 9.2.77, p.1. Article 39 was amended by Council Regulation (EEC) No. 1901/85 (OJ No. L179, 11.7.85, p.6). back

[4] OJ No. L107, 22.4.87, p.2. back

[5] 1979 c. 2. back

[6] Section 139(7) was amended by the Criminal Justice Act 1982 (c. 48), section 46, by the Criminal Procedure (Scotland) Act 1975 (c. 21), section 289G (which was inserted by the Criminal Justice Act 1982, section 54), and by S.I. 1984/703 (N.I.3). The amounts of the penalties on the levels of the standard scale have been increased most recently by S.I. 1984/447, 526 and S.R. (N.I.) 1984 No. 253. back

[8] S.I. 1987/763. back

Explanatory Note