No more ATA Carnets for small artists carrying their own musical instruments and equipment.
MU member and founder of ukeartswork, Ian Smith says:
“This in very real terms is great news…..It’s a game changer for smaller bands and musicians who do not have the budget to pay for a carnet, when in fact they’re only taking over an instrument or two and an amp/mike.”
Please note: This information and all information in this post does not constitute legal or immigration advice. It is accurate at the time of publication but may be subject to change without our prior knowledge.
If you are taking your musical instrument or equipment temporarily out of the UK to work, perform or tour in the EU, Switzerland, Norway, Iceland or Liechtenstein, you will need to check the customs requirements for each country you are visiting.
If your musical instruments or equipment are in your baggage or a vehicle (‘accompanied’ – carried or taken by an individual in their personal baggage, or a vehicle, which travel with the individual throughout their journey), you may be able to use a temporary admission procedure in the country of destination, to pay no duty on them by going through the green or ‘nothing to declare’ channel, or by making an oral declaration for musical instruments and equipment to a Border Official. This may mean an ATA Carnet is not required in these circumstances. You can do this if your musical instruments or equipment are for personal or business use.
If your musical instruments or equipment aren’t accompanied (‘unaccompanied’ – moved as freight by a haulier and/or transport operator where the individual is not present), you can use an ATA Carnet as a temporary admission procedure (there is a cost for this).
If you don’t use a temporary admission procedure by going through the green channel, by declaring your goods orally, or by using an ATA Carnet, you may have to declare your musical instruments or equipment and pay duties on them according to the customs rules in the country of destination, every time you take them through customs.
Find out more:
Taking goods out of the UK temporarily
List of goods applicable to oral and by conduct declarations
What Vehicle are you travelling in?
If you are travelling in a car or splitter van with up to 9 seats and weighing less than 3.5 tons you are not subject to Cabotage. Splitter vans and smaller vehicles, are confirmed to not be affected by the TCA (withdrawal agreement) and that they will continue as they did before to be ruled by local territorial laws. As in each of the EU 27 and the UK no change due to Brexit.
Temporarily taking musical instruments or equipment with you.
Portable instrument exemption and associated equipment required to make a sound. eg Amplifiers, microphones etc. (Not full PA or staging equipment) Here’s a Video to explain by Ian……
You can take your own musical instruments and amplifiers…if you travel with them. Accompanied means carried or taken by an individual in their personal baggage, or a vehicle, which travel with the individual throughout their journey. This means: No more Carnets for small artists carrying their own musical instruments and equipment.
What the Musicians Union say about all this:
The key qualifying question being: Can you carry it?
Both UK and the EU authorities have stated that portable musical instruments carried by the traveller are permitted to enter their respective territory, without the need for an ATA Carnet, via the green “nothing to declare” channel. In the UK, the Government has confirmed that the same applies to supplementary equipment necessary for that instrument to work (e.g. an amplifier or microphone) whilst maintaining that other non-portable equipment (e.g. staging or lighting) requires an ATA Carnet in order to enter. The key qualifying question being: Can you carry it?
Further clarification on supplementary equipment
Until now EU legislation has only specified ‘portable musical instruments,’ however following enquiries, the EU Commission has now agreed to append the Special Procedures guidance with the following:
‘In the case of accessories such as amplifier or microphone, as these items would be required to make the instrument produce a sound, they would be eligible to temporary admission as ‘musical instruments’ provided such accessories are carried by the traveller together with the musical instrument.’
It has also been clarified that:
‘An instrument carried by a firm in a truck would not be considered portable and therefore require an ATA Carnet.’
PLEASE NOTE: This relates to portable musical instruments that are accompanied by the traveller and carried across the border.
The revised text is available via the European Commission Special Procedures document on page 54.
Further advice
If you are unsure or are taking more equipment than can be carried, then the advice remains to obtain an ATA Carnet before travelling. The MU has negotiated preferential rates with several Carnet providers for its members.
When travelling, musicians are advised to carry copies of engagement contracts, proof of ownership of instruments and accessories and to ensure they accompany their own instruments at all border crossing points. Comprehensive advice from the MU regarding working in the EU can be found via our dedicated information page.
Page 54 – Musical instruments carried by travellers:
Musical instruments carried by travellers, whether for professional or personal use, can be declared for temporary admission by simply going through the green or ‘nothing to declare’ channel once they arrive in the customs territory of the Union from a third country/territory. In the case of accessories such as an amplifier or a microphone, as these items would be required to make the instrument produce a sound, they would be eligible for temporary admission as ‘musical instruments’, provided such accessories are carried by the traveller together with the musical instrument.
There is no definition in the UCC of what ‘professional purposes’ or ‘professional equipment’ is. In any case, musicians can declare the musical instruments, either considered as professional equipment or not, carried in their luggage for temporary admission by going through the green or ‘nothing to declare’ channel once they arrive in the EU (Article 141(1)(a) DA). They can do the same for the re-export of the instruments back to a third country/territory, i.e. they do not need to lodge a standard customs declaration (not even an oral declaration). In the case of non- professional equipment, Article 135 UCC, in combination with Articles 136(1)(b), 139(1) and (2) and 141(1)(d)(i) and (ii) UCC-DA, applies as these instruments are personal effects carried by travellers. In the case of musical instruments considered as professional equipment, the relevant provisions applicable in the EU are Articles 136(1)(i), 139(1) and (2) and 141(1) UCC-DA.
Note: in the case of musicians established in the customs territory of the Union who travel to third countries with their musical instruments, the UCC only applies when they leave and come back to the customs territory of the Union with their musical instruments. These musical instruments can also be declared by any other act for export (see Articles 137(2), 140(1)(a) and 141(1)(d)(iii) UCC-DA) and when they are brought back to the customs territory of the Union (see Articles 138(d), 141(1)(d)(i) UCC-DA and 135(5) UCC).
Be sure to Print off the text of the EU Document (Page 54) stating all this and produce it if questioned.
Please also understand all of the above, in any given situation, would be “At the discretion of the customs officer on duty.” Be courteous and answer all questions in full. Be easy to talk to, and produce all documentation to support your case.
Here’s the follow up Video from our man Ian
Page 54 on the official document now includes the paragraph …..
“Musical instruments carried by travellers, whether for professional or personal use, can be declared for temporary admission by simply going through the green or ‘nothing to declare’ channel once they arrive in the customs territory of the Union from a third country/territory. In the case of accessories such as an amplifier or amicrophone, as these items would be required to make the instrument produce a sound, they would be eligible for temporary admission as ‘musical instruments,’ provided such accessories are carried by the traveller together with the musical instrument”
Here are two posts I wrote previously that you may wish to refer to if you think you do need an ATA Carnet at any point:
Tour Management: Crossing the UK/EU Border Using a Carnet
Tour Management: Going to Ireland and crossing the UK/EU Border using a Carnet
Since Brexit, I have only crossed the UK/EU Border with an ATA Carnet. If anyone has crossed the UK/EU Border without a Carnet, with Musical Instruments and Equipment, and would like to offer any words of wisdom, updates or comment on all this, email me here.
Please note: This information and all information in this post does not constitute legal or immigration advice. It is accurate at the time of publication but may be subject to change without our prior knowledge.
