Amidst all the arguments about how the UK will leave the EU, it is clear that there will be a significant impact on trade and that the Government will have to amend the 40 years of legislation that has accrued since the UK joined the EEC.
That process is now underway and a number of items of statutory instruments have appeared recently that aim to prepare the legislative framework for trading after Brexit.
The Wharves, Examination Stations and Temporary Storage Facilities (Approval Conditions) (EU Exit) Regulations 2018, for example, require temporary storage facilities (transit sheds), airport examination stations and approved wharves to provide the amenities necessary for the conduct there of import and export customs formalities and other controls.
These are binding conditions of their approval if given by HM Revenue & Customs (HMRC) after the UK leaves the EU.
The Wharves and Temporary Storage Facilities (Approval Condition and Transitional Provision) (EU Exit) Regulations 2018 allow HMRC to require a place to be equipped for full compliance with customs import and export requirements (such as storage and declarations) before it is approved for UK customs purposes as a wharf or temporary storage facility (transit shed).
Under these regulations, existing approvals as wharves or places for temporary storage under the Community Customs Code will become, respectively, UK approved wharves or UK temporary storage facilities.
The Customs (Contravention of a Relevant Rule) (Amendment) (EU Exit) Regulations 2018 make amendments to the secondary legislation imposing civil penalties on those who contravene customs rules relating to the import of goods into the UK in order to ensure that there is a functioning penalty regime following exit day in the event that the UK leaves the EU with no deal.
Last reviewed 5 December 2018