Sound advice for upcoming UK customs changes

Goods which exit the UK territorial waters (12nm) but stay within the UK continental shelf need to be declared and submitted, both on the outbound and inbound journey, at least one hour before the vessel departs UK port or arrives.

“The changes, first published in November 2024, will be a laborious task for those moving goods from within the UK to the UK Continental Shelf,” said Kerrie Forster, CEO, Workboat Association, in a communication to its members.

He warned that the changes will affect goods like cables, pipes, equipment for windfarms, oil and gas rigs.

Sound advice

Mr Forster has also given his advice to Workboat Association members on how to remain compliant with the new regulation, notify and prepare charterers/clients and importantly, how to ensure there is no misunderstanding of expectations.

Firstly, there are different options for customs declarations required for goods moving between Great Britain and the UK Continental Shelf. There’s the option to use full declarations, simplified declarations, or a new ’Declaration by Conduct’ process for eligible low risk goods.

Eligible goods for ‘Declaration of Conduct’ must be in free circulation within the UK or meet criteria for ’Returned Goods Relief’. They should not be prohibited, restricted, or excise goods [such as fuel].

He urged members to take responsibility – importers, exporters, or their nominated representatives must ensure the correct type of customs declaration is made. They need an EORI number and access to the Government Gateway. ”Overall responsibility lies with the importer or exporter,” he said.

Carriers that are nominated representatives will need to use their own EORI number and they also need to agree with the importer or exporter whether they are acting as a direct or indirect representative.

There are specific responsibilities when handling goods moving between Great Britain and the UK. On the Continental Shelf, if carriers are not completing the declaration themselves, they should carry out reasonable due diligence to ensure the declaration has been completed correctly before departure.

Meanwhile, carriers can take several steps to protect themselves legally when handling goods between Great Britain and the UK Continental Shelf.

Firstly, they can establish clear contracts with importers and exporters that outline responsibilities and liabilities.

“This helps ensure that any errors or issues are managed through the supply chain agreements and there is no opportunity to claim a failure in expectations on the carrier,” Mr Forster said.

They should also perform due diligence to verify that all declarations are accurate and complete. This includes checking the eligibility of goods and ensuring that the correct type of customs declaration is made, training to crew will need to be provided.

Good record keeping is also advised which both outlines the requirements for maintaining detailed records of transactions and declarations. This can provide evidence of compliance and due diligence in case of disputes or audits.

Mr Forster said it also makes sense to have process for dispute resolution written into contracts which include mechanisms such as arbitration or mediation, to handle any issues that may arise during the contract period.

“By including these elements in a contract, you will help protect both carriers and importers/exporters legally and ensure smooth operations,” he said.