Terms and conditions for payment of the common user charge
Published 30 April 2024
© Crown copyright 2024
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1. Parties
1.1. The Secretary of State for Environment, Food and Rural Affairs (the “Authority”) is authorised to collect payments by Articles 79(1)(a), 82(1)(a) and 84(2) of the Official Controls Regulation (2017/625) (“OCR”) (the “Common User Charge”).
1.2. Pursuant to Article 83(3) of the OCR, the Authority is permitted to delegate the collection of the Common User Charge to other competent authorities or delegated bodies.
1.3. The applicant (“You” / “Your”) is the individual, company, organisation or other legal entity, who is responsible for paying the Common User Charge, as indicated in the billing details section of the Import of Products, Animals, Food and Feed System (“IPAFFS”) notification.
2. Interpretation
2.1. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
2.2. “Billing Contact” has the meaning given to it in clause 4.2.
2.3. “Border Control Post” means a government-run inspection post designated and approved in line with Great Britain legislation as defined in Article 3(38) of the OCR.
2.4. “Chargeable Import” has the meaning given to it in clause 3.2.
2.5. “Charges” means the published charges in effect at the time that the Chargeable Import to which the fee relates is payable. The Charges are available at Common user charge: rates and eligibility.
2.6. “CHED” means a Common Health Entry Document.
2.7. “Invoice” has the meaning given to it in clause 4.3.
2.8. “IPAFFS” (Import of Products, Animals, Food and Feed System) is the system Importers and import agents must use to notify authorities in Great Britain.
2.9. “POAO” has the meaning given to it in clause 3.2.
2.10. “HRFNAO” has the meaning given to it in clause 3.2.
3. Application
3.1. It is a statutory function of the Authority to review imports to the UK in order to, among other things, determine whether an import is a Chargeable Import. Where You import a Chargeable Import, then You must pay towards the cost of maintaining the relevant border infrastructure and the administration costs of undertaking such checks.
3.2. A “Chargeable Import” is: all low-risk, medium-risk and high-risk products of animal origin (“POAO”), (this includes transits), high risk food and feed of non-animal origin (“HRFNAO”), medium and high-risk plants and plant products entering Great Britain through the Port of Dover or Eurotunnel which are eligible for physical inspection at a government-run Border Control Post from 00:00 hours on 30 April 2024.
3.3. The Common User Charge will apply to all Chargeable Imports whether or not the Chargeable Import is selected for a physical inspection at a Border Control Post.
3.4. The amount payable by You pursuant to each Chargeable Import will be calculated in accordance with the Charges.
3.5. You agree that when You import a Chargeable Import, then You will pay the Common User Charge in accordance with these terms and conditions.
3.6. You may amend or cancel a CHED notification up to 2 hours before the entry time stated on the notification. At this point the notification will be locked (meaning it cannot be amended or cancelled) and the information will be used to calculate the charge for which You will be liable.
4. Billing
4.1. The Common User Charge will be collected in arrears through invoices calculated from the date the consignment enters Great Britain.
4.2. “Billing Contact” is the postal address, email address and contact number that you provide to the Authority in IPAFFS for the purposes of billing.
4.3. Shared Services Connected Ltd. (“SSCL”) will issue invoices on behalf of the Authority for the Common User Charge in accordance with the terms and conditions (“Invoice”) and will be responsible for pursuing unpaid Invoices. You may also contact SSCL using the details on the Invoice, to raise Invoice related queries.
4.4. SSCL will automatically send an Invoice to the Billing Contact. The Billing Contact will also be used to send reminder and final notice letters as well as to undertake further debt recovery activities where required.
4.5. If You want to update the Billing Contact then You must amend the details provided in Your IPAFFS notification.
4.6. It is Your responsibility to ensure that the Billing Contact details are up to date.
4.7. Where any part of the Billing Contact is inaccurate or incomplete the Authority may charge an administration fee (including VAT) to cover the administrative costs of re-issuing an Invoice to the correct address.
4.8. You must pay each Invoice as soon as possible, and in any event within 30 days of the date on the relevant Invoice, using one of the payment methods prescribed on the Invoice. For queries about an invoice or to discuss payment options, You should contact SSCL using the details printed on the Invoice.
4.9. Where payment of an Invoice is not made in accordance with these terms and conditions, then the Authority may seek to recover the amount due as a debt. The Authority may, without limitation, utilise debt collectors, or make an application to the court. Further information on compliance action we may take will be provided at Common user charge: rates and eligibility.
4.10. Where the Authority commences legal action or otherwise incurs costs because you have failed to comply with these terms and conditions then the Authority reserves the right to pass these costs onto You. Further information on compliance action we may take will be provided at Common user charge: rates and eligibility.
5. Variation to the terms and conditions
The Authority may vary the terms and conditions at any time as it deems appropriate and may do so without prior notice to You.
6. Miscellaneous
6.1. The terms and conditions shall be binding upon the parties and their successors from the date that You confirm Your agreement to them. For the avoidance of doubt, You confirm Your agreement to the terms and conditions through the act of accepting the Declaration and submitting an import notification in IPAFFS which is in-scope of the Common User Charge.
6.2. You are liable for all the Charges incurred in respect of the Chargeable Imports regardless of whether or not the import is granted or refused by the Authority or withdrawn by You.
6.3. The Authority may choose to waive or reduce the Charges incurred in respect of the Chargeable Activities in accordance with the Official Controls (Fees and Charges) Regulations 2024.
6.4. The Charges will be reviewed from time to time as deemed appropriate by the Authority and are subject to change without any prior notice to You. Any changes to the Charges will apply to the Common User Charge from the date that any new Charges are implemented.
7. Complaints
If You are not satisfied with any aspect of our service please follow the Authority complaints procedure, details of which can be viewed at: Complaints procedure - Department for Environment, Food & Rural Affairs.
8. Governing Law
8.1. The terms and conditions and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.
8.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the terms and conditions.