S.I. No. 613/2016 - Customs (Reports Inwards and Outwards by Aircraft) Regulations 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th December, 2016.

The Revenue Commissioners, in exercise of the powers conferred on them by section 11 (3) of the Customs Act 2015 (No. 18 of 2015), hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Customs (Reports Inwards and Outwards by Aircraft) Regulations 2016.

(2) These Regulations come into operation on 31 December 2016.

Application

2. These Regulations apply to aircraft entering the State from a place outside the State and to aircraft departing the State to a place outside the State in accordance with Regulations 3 and 4.

Aircraft entering State

3. (1) The pilot-in-command of an aircraft entering the State which is carrying goods, other than goods included in the baggage of passengers and members of the crew of the aircraft—

(a) which have not been released for free circulation within the European Union, or

(b) subject to any prohibition or restriction on importation,

shall submit or cause to be submitted a report of the aircraft to the Commissioners not later than 24 hours prior to its entry into the State or upon its departure from the airport of origin, if less than 24 hours prior to entry into the State.

(2) A report referred to in paragraph (1)(a) shall contain the information specified in Schedule 1.

(3) A report referred to in paragraph (1)(b) shall contain the information specified in Schedule 2.

(4) In paragraph (1)(a) reference to released for free circulation shall be construed in accordance with Article 201 of the Customs Code.

Aircraft departing State

4. (1) The pilot-in-command of an aircraft departing the State which is carrying goods, other than goods included in the baggage of passengers and members of the crew of the aircraft—

(a) being exported from the State to a destination outside the European Union, or

(b) subject to any prohibition or restriction on exportation,

shall submit or cause to be submitted a report of the aircraft to the Commissioners not later than 30 minutes prior to its departure from the State.

(2) A report referred to in paragraph (1)(a) shall contain the information specified in Schedule 3.

(3) A report referred to in paragraph (1)(b) shall contain the information specified in Schedule 2.

Retention of copies of reports

5. The pilot-in-command of an aircraft shall retain a copy of a report submitted to the Commissioners under Regulation 3 or 4 for inspection by an officer of customs until the end of the flight.

SCHEDULE 1

Regulation 3(2)

REPORT OF AIRCRAFT — ENTRY INTO THE STATE
Name of aircraft
Type of aircraft
Flight number
Nationality mark or common mark and registration mark in accordance with the Chicago Convention (within the meaning of the Irish Aviation Authority Act 1993 (No. 29 of 1993))
Arrival date and time
Airport of origin (last airport from which aircraft departed before entering the State)
Airport of destination
Country of registration
Name of pilot-in-command of the aircraft
Name of registered owner of the aircraft (within the meaning of Regulation 9(3)(a) of the Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2015 ( S.I. No. 107 of 2015 ))
Name and contact details of representative of the pilot-in-command (to respond to customs queries)
Number of crew on board
Number of passengers on board
REPORT OF GOODS
An Entry Summary Declaration as required by the Customs Code

SCHEDULE 2

Regulations 3(3) and 4(3)

REPORT OF AIRCRAFT — PROHIBITED OR RESTRICTED GOODS
Name of aircraft
Type of aircraft
Flight number
Nationality mark or common mark and registration mark in accordance with the Chicago Convention (within the meaning of the Irish Aviation Authority Act 1993 (No. 29 of 1993))
Arrival date and time or departure date and time (as appropriate)
Airport of origin (last airport from which aircraft departed before entering the State) or airport of departure (if aircraft departing the State) (as appropriate)
Airport of destination
Country of registration
Name of pilot-in-command of the aircraft
Name of registered owner of the aircraft (within the meaning of Regulation 9(3)(a) of the Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2015 ( S.I. No. 107 of 2015 ))
Name and contact details of representative of the pilot-in-command (to respond to customs queries)
Number of crew on board
Number of passengers on board
REPORT OF PROHIBITED OR RESTRICTED GOODS
Type of goods
Purpose of goods
Weight of goods
State whether prohibited or restricted

SCHEDULE 3

Regulation 4(2)

REPORT OF AIRCRAFT — DEPARTURE FROM THE STATE
Name of aircraft
Type of aircraft
Flight number
Nationality mark or common mark and registration mark in accordance with the Chicago Convention (within the meaning of the Irish Aviation Authority Act 1993 (No. 29 of 1993))
Departure date and time
Airport of origin
Airport of destination
Country of registration
Name of pilot-in-command of the aircraft
Name of registered owner of the aircraft (within the meaning of Regulation 9(3)(a) of the Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2015 ( S.I. No. 107 of 2015 ))
Name and contact details of representative of the pilot-in-command (to respond to customs queries)
Number of crew on board
Number of passengers on board
REPORT OF GOODS
A pre-departure declaration in the form set out in Article 263(3) of the Customs Code

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GIVEN under my hand,

15 December 2016.

LIAM IRWIN,

Revenue Commissioner.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations are made by the Revenue Commissioners under the provisions of section 11 (3) of the Customs Act 2015 and will come into force on 31 December 2016. The Regulations set out the reporting requirements of the pilot-in-command of an aircraft entering or departing the State.