Customs
and Excise (Safety and Security) (Import) (Jersey) Order 2021
1 Interpretation[1]
In this Order –
“Agent” means the Agent of the Impôts or any
proper officer of the Impôts;
“Arrangement” means the Arrangement set out in
Part 2 of the Schedule to the Crown Dependencies Customs Union (Jersey)
(EU Exit) Order 2019 of the United Kingdom;
“Customs Law” means the Customs and Excise
(Jersey) Law 1999;
“customs territory” means the territory of the
customs union between the United Kingdom, Jersey, the Bailiwick of Guernsey and
the Isle of Man established by the Arrangement;
“declarant” means the
person submitting an entry summary declaration or the person in whose name such
a declaration is submitted;
“economic operator” means
a person who, in the course of his or her business, is involved in activities
covered by the Customs Law (including any legislation made under it) and the
Agreement;
“entry summary declaration” or “ENS” means such a declaration as must be
submitted under Article 3;
“HMRC” means His Majesty’s
Revenue and Customs;
“Import Control System”
includes any replacement or successor system;
“UK Border Force” means
the Border Force law command within the Home Office of the
Government of the United Kingdom.
2 Application
(1) This
Order applies in respect of all goods imported into Jersey from a place outside
the customs territory, except –
(a) in respect of goods of a
type listed in the Schedule;
(b) in any of the situations
described in paragraph (2)(a) to (c); or
(c) in respect of goods
imported into Jersey from a place in a Member State of the European Union.[2]
(2) This
Order does not apply where –
(a) a vessel is carrying
goods within the territorial waters of a territory of the customs union and
does not stop within the territory of the customs union;
(b) an aircraft is carrying
goods within the airspace of a territory of the customs union and does not stop
within the territory of the customs union; or
(c) an international
agreement provides (whether expressly or not) that an ENS is not required.
3 Requirement to submit
entry summary declaration
(1) Except
in a situation described in Article 2(2), where goods to which this Order
applies are to be imported into Jersey from a place outside the customs
territory, an entry summary declaration (“ENS”) must be prepared in respect of
the goods, and submitted to the Government of the
United Kingdom through the United Kingdom’s Import Control System, in such
manner as determined by the Government of the United Kingdom and in accordance
with this Order.[3]
(2) Despite
paragraph (1) –
(a) the ENS may be submitted
through the commercial, port or transport information systems, provided
that –
(i) the system contains the necessary
particulars contained in the ENS,
(ii) those particulars are
available to the Government of the United Kingdom within the time limits
specified for the ENS, and
(iii) the Government of the
United Kingdom has indicated that it will accept the ENS submitted through such
a system; and
(b) where the particulars of
the ENS are accessible to the Government of the United Kingdom in the economic
operator’s computer, instead of submitting the ENS, the economic operator may
notify the Government of the United Kingdom of those particulars if the
Government of the United Kingdom indicates that this is permissible.[4]
(3) Despite
paragraph (1), where the Government of the United Kingdom has indicated
that the particulars contained within the ENS may be notified in a different
manner or form, the economic operator may, in accordance with any specified
time limits, provide those particulars in that manner or form.[5]
(4) In
any particular case the Agent, UK Border Force or HMRC may
require such additional information to be provided, whether by means of the
form or otherwise, as the Agent, UK Border Force or HMRC (as the case may be) thinks
necessary for the purpose set out in paragraph (5).
(5) The
purpose mentioned in paragraph (4) is the purpose of ensuring that
sufficient information is provided in respect of the goods to enable a safety
and security risk analysis to be carried out in relation to the importation of
the goods.
(6) In
this Article, “specified time limit” is the time limit that applies in relation
to the goods under Article 7, 8, or 10.
4 Amendment of entry summary declaration
(1) A
declarant may, in such form and manner as HMRC may specify, apply to HMRC to amend
one or more particulars after the ENS has been submitted.
(2) An
amendment may not be made after –
(a) the Agent or HMRC has
established that the particulars of the ENS are incorrect;
(b) the Agent has informed
the person who submitted the ENS that he or she intends to examine the goods;
or
(c) the goods have been presented
to the Agent.
5 Invalidation of entry summary declaration
Where the goods for which
an ENS has been submitted are not imported into Jersey, the Agent must
invalidate the ENS immediately on the earlier of –
(a) an application by the
declarant;
(b) the expiration of the
period of 200 days after the ENS was submitted.
6 Person who must submit entry summary declaration
(1) The
ENS must be submitted by the carrier of the goods, and for the purposes of this
Order the carrier is, subject to paragraphs (2) and (3), the person who imports
the goods or who assumes responsibility for the carriage of the goods into
Jersey.
(2) In
the case of combined transportation, the carrier is the person who operates the
means of transport which, once brought into Jersey, moves by itself as an
active means of transport.
(3) In
the case of maritime or air traffic under a vessel-sharing or contracting
arrangement, the carrier is the person who concludes a contract and issues a
bill of lading or air waybill for the carriage of the goods into the customs
territory.
(4) With
the carrier’s consent, an ENS may be submitted on behalf of the carrier –
(a) by the importer,
consignee or other person in whose name or on whose behalf the carrier acts; or
(b) by a person who is able
to present the goods, or to enable the goods to be presented, to customs
officers on arrival in Jersey.
(5) Where
the particulars in the ENS cannot be obtained from the carrier or a person
referred to in paragraph (4), the Agent may require any other person who
has those particulars to provide any necessary information.
7 Time limits: import by sea
(1) Except
where Article 9 or 10 applies, where the ENS relates to goods being
imported into Jersey by sea, it must be submitted within the time limits set
out in this Article.
(2) An
ENS must be submitted no later than 24 hours before the goods are loaded
onto the vessel on which they are to be brought into Jersey where –
(a) the goods are
containerised cargo; and
(b) paragraph (4) does not
apply.
(3) An
ENS must be submitted no later than 4 hours before the arrival of the
vessel in Jersey where –
(a) the goods are bulk or
break cargo; and
(b) paragraph (4) does not
apply.
(4) An
ENS must be submitted no later than 2 hours before the arrival of the
vessel in Jersey where the goods are coming from –
(a) Ireland;
(b) Norway;
(c) the Faroe Islands;
(d) Iceland; or
(e) ports on the Baltic Sea,
the North Sea, the English Channel, or the Atlantic coast of Europe from the
point where it meets the English Channel to and including the port of Algeciras.
(5) In
this Article, “vessel” includes a ship or other means of transport by sea,
regardless of whether or not, in combined transportation of goods, the vessel
is engaged as the active means of transport.
8 Time limits: import by air
(1) Except
where Article 9 or 10 applies, where the ENS relates to goods being
imported into Jersey by air, it must be submitted –
(a) for flights with a
duration of less than 4 hours, before the time of the actual departure of
the aircraft;
(b) for flights with a
duration of 4 or more hours, no later than 4 hours before the arrival of
the aircraft in Jersey.
(2) In
this Article, “aircraft” includes an aeroplane or other means of transport by
air, regardless of whether or not, in combined transportation of goods, the
aircraft is engaged as the active means of transport.
9 Time limits: force majeure
The time limits in
Articles 7 and 8 do not apply in the case of force majeure.
10 Time limits: power of
Agent to impose different time limits
In any case where the
Agent considers it necessary or expedient to do so for the purpose set out in
Article 3(5), the Agent may impose a time limit for submission of the ENS
other than the time limit which would otherwise apply under Article 7 or 8.
11 Citation and commencement
This Order may be cited as the Customs and Excise (Safety and
Security) (Import) (Jersey) Order 2021 and comes into force 7 days after
it is made.
Schedule[6]
(Article 2(1))
Types of goods to which this order does
not apply
The types of goods to
which this Order does not apply are –
(a) electrical energy;
(b) goods entering Jersey by pipeline;
(c) items of correspondence;
(d) personal effects,
household linen, furnishings and equipment intended for the personal use of the
persons concerned or for meeting their household needs, provided that the goods are not carried
under a transport contract;
(e) goods in respect of which
a verbal customs declaration is permitted under Article 18 of the Customs
Law, provided that they are not carried under a transport contract;
(f) goods contained in travellers’ personal
baggage other than goods which –
(i) are not within Article 1(21)(b) of
Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015
supplementing Regulation (EU) No. 952/3013 of the European Parliament and of the Council
as regards detailed rules concerning certain provisions of the Union Customs
Code (OJ L 343, 29.12.2015, p. 1),
(ii) have a value in
excess of £1500, and
(iii) are carried in a goods
vehicle as defined in Article 2(1) of the Road Traffic (Jersey)
Law 1956;
(g) goods moved or used under cover of the form 302
provided for in the Agreement between the Parties to the North Atlantic Treaty
regarding the Status of their Forces, done in London on 19th June 1951;
(h) weapons and military
equipment brought into the customs territory by the authorities in charge of
the military defence of the United Kingdom, in military transport or transport
operated for the sole use of the military authorities;
(i) goods brought into the
customs territory directly from offshore installations operated by persons
established in the customs territory which were –
(i) incorporated in the offshore installations
for the purposes of their construction, repair, maintenance or conversion,
(ii) used to fit or equip the
offshore installations,
(iii) provisions used or
consumed on the offshore installations,
(iv) non-hazardous waste from
the offshore installations;
(j) goods entitled to relief pursuant to the
Vienna Convention on diplomatic relations of 18th April 1961, the Vienna
Convention on consular relations of 24th April 1963, other consular
conventions or the New York Convention of 16th December 1969 on special
missions;
(k) goods on board a vessel
or aircraft –
(i) which have been supplied for incorporation as parts of or accessories in
those vessels and aircraft,
(ii) for the operation of the engines, machines
and other equipment of those vessels or aircrafts,
(iii) which are foodstuffs and other items to be
consumed or sold on board;
(l) goods brought into
Jersey directly from the United Kingdom, Guernsey or the Isle of Man;
(m) products of sea-fishing and other products
taken from the sea outside the customs territory by customs territory fishing
vessels;
(n) vessels, and the goods carried upon them,
entering the territorial waters of Jersey with the sole purpose of taking on
board supplies without connecting to any of the Jersey port facilities;
(o) goods covered by –
(i) an ATA carnet issued in accordance with the
Customs Convention on the ATA carnet for the temporary admission of goods done
at Brussels on 6th December 1961, or
(ii) a CPD carnet issued in
accordance with the Convention on temporary admission done at Istanbul on 26th
June 1990,
provided they are not carried under a transport contract;
(p) goods which are in transit through, and are
not unloaded in, Jersey;
(q) goods which are unloaded in Jersey as a
result of an unscheduled stop of a vessel or aircraft in which they are being
carried arising from circumstances of force majeure;
(r) goods, other than items of correspondence,
contained in a postal parcel or package and conveyed under the responsibility
of or by a postal operator in accordance with the provisions of the Universal
Postal Convention concluded at Hamburg on 27th July 1984;
(s) goods in a consignment, the intrinsic value
of which does not exceed £19, provided that the Agent, with the agreement
of the economic operator, can carry out a risk analysis in respect of the goods
using the information contained in, or provided by, the system used by the
economic operator;
(t) any other goods in
respect of which the Agent is satisfied that, if they were to be imported into
the United Kingdom from outside the customs territory, an entry declaration
would not be required to be submitted to the Government of the United Kingdom;
(u) any other goods as may be
specified by a direction of the Agent for this purpose.