Statutory Instrument 1993 No. 1353

The Customs and Excise (Transit) Regulations 1993

---

© Crown Copyright 1993

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Customs and Excise (Transit) Regulations 1993, ISBN 0110343530. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1993 No. 1353

CUSTOMS AND EXCISE

The Customs and Excise (Transit) Regulations 1993

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 (Transit) Regulations 1993 and shall come into force on 23rd June 1993.

    2.    In these Regulations—
"Consignment Note CIM" and "TR transfer note"—
 (a) in relation to Community transit, have the same meanings as in Articles 72 and 86 respectively of Commission Regulation (EEC) No. 1214/92^[3];
 (b) in relation to common transit, have the same meanings as in Articles 72 and 86 respectively of Appendix II to the Convention^[4];


"the Convention" means the Convention of 20th May 1987 on a common transit procedure entered into by the Economic Community, Austria, Finland, Iceland, Norway, Sweden and the Swiss Confederation^[5];
"the customs and excise Acts" has the same meaning as in section 1 of the Customs and Excise Management Act 1979^[6];
"relevant Community provision" means—
 (a) in relation to Community transit, any provision of a Community Regulation specified in the first, second or third columns of the Schedule to these Regulations and shall include any such provisions as applied by—
 (i) Article 37(3) of Council Regulation (EEC) No. 2726/90^[7];
 (ii) Articles 81(1) and 96(1) of Commission Regulation (EEC) No. 1214/92;
 (b) in relation to common transit, any provision of the Convention specified in the fourth or fifth columns of the Schedule to these Regulations and shall include any such provisions as applied by—
 (i) Article 37(3) of Appendix I^[8] to the Convention;
 (ii) Articles 81(1) and 96(1) of Appendix II to the Convention.

Offences, penalty and forfeiture
    3.    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,
person then in charge of the goods shall each be liable on summary conviction to a penalty of level 5 on the standard scale^[9] and any goods in respect of which the offence was committed shall be liable to forfeiture.

Supplementary
    4.—(1)  Section 139 of and Schedule 3 to the Customs and Excise Management Act 1979^[10] (detention, seizure and condemnation of goods) shall apply to any goods liable to forfeiture under regulation 3 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 Customs and Excise Management Act 1979^[11] (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under regulation 3 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
    5.—(1)  The Customs and Excise (Community Transit) (No. 2) Regulations 1987^[12] and the Customs and Excise (Common Transit) Regulations 1988^[13] are hereby revoked.

    (2)  Notwithstanding their revocation, the Regulations mentioned in paragraph 1 of this regulation shall continue to have effect—
 (a) until 1st July 1993, to the extent that they create offences for the contravention of Articles 35 and 37 of Commission Regulation (EEC) No. 1062/87^[14] and Articles 35 and 37 of the Convention in the application of those Articles to the carriage of goods under cover of an International Express Parcels Consignment Note;
 (b) in relation to carriage begun, in accordance with the provisions of Council Regulation (EEC) No. 222/77^[15] and Commission Regulation (EEC) No. 1062/87, on or before 31st December 1992.

A. Sawyer

Commissioner of Customs and Excise
New King's Beam House 22 Upper Ground London SE1 9PJ

26th May 1993

[1] 1972 c. 68. back

[2] S.I. 1977/980. back

[3] OJ No. L132, 16.5.92, p. 1. This Regulation has been amended by Commission Regulation (EEC) No. 3712/92 (OJ No. L378, 23.12.92, p. 15). back

[4] OJ No. L226, 13.8.87, p. 2. Appendix II was substituted by Article 1 of, and Annex I to, Decision No. 2/92 of the EEC-EFTA Joint Committee on Common Transit (OJ No. L402, 31.12.92, p. 9). back

[5] OJ No. L226, 13.8.87, p. 2. back

[6] 1979 c. 2. back

[7] OJ No. L262, 26.9.90, p. 1. back

[8] OJ No. L402, 31.12.92, p. 2. Appendix I was substituted by Article 1 of, and Annex I to, Decision No. 1/91 of the EEC-EFTA Joint Committee on Common Transit (OJ No. L402, 31.12.92, p. 1). back

[9] The amounts of the penalties on the levels of the standard scale have been increased most recently in relation to England and Wales and Scotland by the Criminal Justice Act 1991 (c. 53), section 17, which was brought into force by S.I. 1992/333; the amounts in relation to Northern Ireland are set out in S.R.(N.I.) 1984 No. 253. back

[10] The provision as to penalty in section 139(7) was amended in its application to England and Wales by the Criminal Justice Act 1982 (c. 48), section 46; in its application to Scotland by the Criminal Procedure (Scotland) Act 1975 (c. 21), section 289G (which was inserted by the Criminal Justice Act 1982, section 54); and in its application to Northern Ireland by S.I. 1984/703 (N.I.3); paragraphs 2(c) and 4(1) of Schedule 3 were amended by the Isle of Man Act 1979 (c. 58), section 13 and Schedule 1, paragraphs 23 and 24 respectively. back

[11] Section 145(6) was amended by the Police and Criminal Evidence Act 1984 (c. 60), section 114(1); section 146(1) was modified by S.I. 1990/2167; section 146A was inserted by the Finance Act 1989 (c. 26), section 16(1) and (4); section 147(1) was repealed by the Finance Act 1989 (c. 26), section 16(2) and (4), section 187(1) and Schedule 17, Part I; section 147(2) was amended by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 176; section 147(5) was repealed by the Criminal Justice Act 1982 (c. 48), section 77 and Schedule 14, paragraph 42 and section 78 and Schedule 16; section 151 was amended by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 177; section 153(4) was inserted by the Finance Act 1981 (c. 35), section 11(1) and Schedule 8, Part I, paragraph 9; section 154(2) was modified by S.I. 1990/2167. back

[12] S.I. 1987/2105. back

[13] S.I. 1988/1476. back

[14] OJ No. L107, 22.4.87, p. 1. This Regulation has been amended by Commission Regulation (EEC) No. 2823/87 (OJ No. L270, 23.9.87, p. 1), Commission Regulation (EEC) No. 1469/88 (OJ No. L132, 28.5.88, p. 67), Commission Regulation (EEC) No. 1159/89 (OJ No. L119, 29.4.89, p. 100), Commission Regulation (EEC) No. 1429/90 (OJ No. L137, 30.5.90, p. 21), Commission Regulation (EEC) No. 2920/90 (OJ No. L279, 11.10.90, p. 20) and Commission Regulation (EEC) No. 2560/92 (OJ No. L257, 3.9.92, p. 5). back

[15] OJ No. L38, 9.2.77, p. 1. This Regulation has been amended by Council Regulation (EEC) No. 983/79 (OJ No. L123, 19.5.79, p. 1), Council Regulation (EEC) No. 3813/81 (OJ No. L383, 31.12.81, p. 28), Council Regulation (EEC) No. 3617/82 (OJ No. L382, 31.12.82, p. 6), Council Regulation (EEC) No. 1901/85 (OJ No. L179, 11.7.85, p.6), Council Regulation (EEC) No. 1674/87 (OJ No. L157, 17.6.87, p. 1) and Council Regulation (EEC) No. 474/90 (OJ No. L51, 27.2.90, p. 1). back

Explanatory Note