Official information from the UK Government can be found here.
(Written by Kerrie Forster on behalf of the Workboat Association, March 2025)
Changes to the way customs declarations must be made for goods travelling in/out of the UK from the UK continental shelf come into effect as of the 1st June 2025.
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 1 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. Here is the Workboat Association’s guidance on how to remain compliant, notify and prepare your charterers/clients, and how to ensure there is no misunderstanding of expectations.
- Customs Declarations: Required for goods moving between Great Britain and the UK Continental Shelf. You can use full declarations, simplified declarations, or a new “declaration by conduct” process for eligible low risk goods.
- Eligible Goods for ‘Declaration of Conduct’: Goods 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].
- 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.
- Carriers: Can be the nominated representatives, they will need to use their own EORI number. They need to agree with the importer or exporter whether they are acting as a direct or indirect representative.
Carriers can take several steps to protect themselves legally when handling goods between Great Britain and the UK Continental Shelf:
- Clear Contracts: 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.
- Due Diligence: Perform thorough 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.
- Record Keeping: Maintain detailed records of all communications and forwarded declarations. This can provide evidence of compliance and due diligence in case of disputes or audits.
- Legal Advice: Seek legal advice to understand the full scope of responsibilities and liabilities under the new regulations. This can help carriers navigate complex legal requirements and protect their interests.
Some vessel operators may be interested to become the nominated representatives on behalf of their client(s). Be aware that this will incur not only a contracted responsibility, but also a legal responsibility and you will be required to complete the declaration using your own companies registration (EORI) on behalf of your client. More information here.
Communication is key: Contact your charterers/clients on any project based inside the UK continental shelf, but outside UK territorial waters. Inform them of the incoming changes and either amend the contract suitably or send an official letter, removing (or adding) your services as the carrier to be the nominated representative for completing customs declarations on their behalf.
Important: This information is offered as guidance only and is not legal advice. In all cases, the Workboat Association advocates that professional legal opinion is sought when understanding the effect of new regulation.
