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Council Regulation (EEC) No 2913/92 (repealed)Show full title

Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (repealed)

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E.U.K.Processing under customs control
Article 130U.K.

The procedure for processing under customs control shall allow non-Community goods to be used in the customs territory of the Community in operations which alter their nature or state, without their being subject to import duties or commercial policy measures, and shall allow the products resulting from such operations to be released for free circulation at the rate of import duty appropriate to them. Such products shall be termed processed products.

[F1Article 131 U.K.

The cases in and specific conditions under which the procedure for processing under customs control may be used shall be determined in accordance with the committee procedure.]

Article 132U.K.

Authorization for processing under customs control shall be granted at the request of the person who carries out the processing or arranges for it to be carried out.

Article 133U.K.

Authorization shall be granted only:

(a)

to persons established in the Community;

(b)

where the import goods can be identified in the processed products;

(c)

where the goods cannot be economically restored after processing to their description or state as it was when they were placed under the procedure;

(d)

where use of the procedure cannot result in circumvention of the effect of the rules concerning origin and quantitative restrictions applicable to the imported goods;

(e)

where the necessary conditions for the procedure to help create or maintain a processing activity in the Community without adversely affecting the essential interests of Community producers of similar goods (economic conditions) are fulfilled.[F2The cases in which the economic conditions are deemed to have been fulfilled may be determined in accordance with the committee procedure.]

Article 134U.K.

Article 118 (1), (2) and (4) and Article 119 shall apply mutatis mutandis.

Article 135U.K.

Where a customs debt is incurred in respect of goods in the unaltered state or of products that are at an intermediate stage of processing as compared with that provided for in the authorization, the amount of that debt shall be determined on the basis of the items of charge elements appropriate to the import goods at the time of acceptance of the declaration relating to the placing of the goods under the procedure for processing under customs control.

Article 136U.K.

1.Where the import goods qualified for preferential tariff treatment when they were placed under the procedure for processing under customs control, and such preferential tariff treatment is applicable to products identical to the processed products released for free circulation, the import duties to which the processed products are subject shall be calculated by applying the rate of duty applicable under that treatment.

2.If the preferential tariff treatment referred to in paragraph 1 in respect of the import goods is subject to tariff quotas or tariff ceilings, the application of the rate of duty referred to in paragraph 1 in respect of the processed products shall also be subject to the condition that the said preferential tariff treatment is applicable to the import goods at the time of acceptance of the declaration of release for free circulation. In this case, the quantity of import goods actually used in the manufacture of the processed products released for free circulation shall be charged against the tariff quotas or ceilings in force at the time of acceptance of the declaration of release for free circulation and no quantities shall be counted against tariff quotas or ceilings opened in respect of products identical to the processed products.

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