News
- New Laws to Products imported to EU
- 12/15/2009
CUSTOMS INFORMATION PAPER (09) 82
Enhanced legislation to cover Products imported from outside the EU
Who should read: All importers, freight agents and freight forwarders.
What is it about: UK implementation of a regulation designed to strengthen the control of goods imported from non EU countries.
When effective: 1January 2010
Extant until/ Expires Six months from date of issue
1. BackgroundEnhanced legislation for products imported from non-EU countries will enter into force on 1 January 2010.
Regulation (EC) No. 765/2008 will repeal the existing Regulation (EEC) No. 339/93 of 8 February 1993. The new Regulation is wider in scope as it will apply to all imported goods covered by Community product legislation that does not contain specific provisions for border controls.
The revised legislation sets out harmonised requirements for risk based product safety controls at the EU border. It stipulates mandatory requirements for cooperation and information exchange between national market surveillance authorities and EU Customs Administrations. As is currently the case, Customs Administrations will have the power to suspend the release of goods for free circulation for a maximum of 3 working days, whilst awaiting the outcome of market surveillance checks on suspected unsafe products.
Further details about the revised legislation are available from the following website:http://ec.europa.eu/enterprise/newapproach/index_en.htm2. UK Implementation
2.1. UKBA and HMRC have been working closely with the Department for Business, Innovation & Skills, (BIS), and UK market surveillance authorities to agree a proportionate and risk based enforcement framework for implementing this new legislation at UK border locations.
2.2. To this end, it has been agreed that UK implementation will focus on identifying potentially dangerous or unsafe products at UK points of entry in accordance with:
• nationally agreed market surveillance control priorities for non-EU products most likely to endanger public health and safety; and
• latest EU emergency decisions and other detailed intelligence about specific product safety risks.
2.3. UKBA and HMRC will assist implementation by working with BIS and UK market surveillance authorities. They will develop proportionate intelligence led risk profiles to assist effective targeting of product safety checks at UK points of entry within these criteria. Setting risk profiles also meets the new legal obligations introduced by this revised legislation. These require EU Customs Administrations to share relevant information and to cooperate with national market surveillance authorities, enabling more effective enforcement of harmonised EU product safety legislation.
2.4. Any risk profiles developed will be programmed into HMRC’s CHIEF system to enable selective and tightly targeted market surveillance checks to be carried out on the most high risk imported goods whilst minimising potential impacts on legitimate trade flows.
3. Import Clearance Process
3.1. The import clearance process for goods selected for products safety checks at the border under the revised EU legislation will not be radically different from the current procedure under existing market surveillance rules. As now, HMRC’s National Clearance Hub (NCH) will withhold clearance of any products selected by the UK’s market surveillance authorities for examination, sampling or testing at UK points of entry. The maximum period that customs clearance can be withheld is 3 working days.
3.2. Within this detention period the market surveillance authority at the point of entry, (usually the relevant Local Authority/Trading Standards), will advise the NCH about any action they intend to take following examination of the goods and/or their supporting documentation. The NCH will also be advised about any import conditions that impact on customs clearance arrangements for the goods and will release the goods in accordance with these instructions.
3.3. If the NCH has not been notified of any enforcement action taken by the market surveillance authority within the 3 working days detention period, the goods will be released to free circulation subject to completion of any other customs formalities.
4. UKBA Contact:
Clive Woods
Prohibitions and Restrictions
Border Policy
UK Border Agency
Dorset House
27- 45 Stamford Street
London
SE1 9PYTel no: 020 8929 6801
Email: clive.woods@hmrc.gsi.gov.uk
Issued on the 7 December 2009 by the JCCC Secretary, HM Revenue and Customs, Customs & International Directorate. E Mail @ JCCC SecretariatIf you have a question about the content of this paper please use the details provided in the ‘Contacts’ section. For general HMRC queries speak to the National Advice Service on 0845 010 9000 or follow this crumb trail which details how to contact us by phone, e-mail or post: HMRC home (www.hmrc.gov.uk) >Contact Us
For comprehensive guidance on international trade regulation, as well as advice on market information and business growth visit www.businesslink.gov.uk/internationaltrade