The Customs Duties (ECSC) (Amendment No. 8) Order 1992

Order made by the Treasury, laid before Parliament under Section 5(3) of and paragraph 4(4) of Schedule 2 to the European Communities Act 1972, for approval by resolution of the House of Commons within twenty-eight days beginning with the day on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

Statutory Instruments

1992 No. 2623

CUSTOMS AND EXCISE

The Customs Duties (ECSC) (Amendment No. 8) Order 1992

Made

22nd October 1992

Laid before the House of Commons

23rd October 1992

Coming into force

24th October 1992

The Treasury, by virtue of the powers conferred on them by section 5(1) of the European Communities Act 1972(1), on the recommendation of the Secretary of State, hereby make the following Order:

1.  This Order may be cited as the Customs Duties (ECSC) (Amendment No. 8) Order 1992, and shall come into force on 24th October 1992.

2.  The Customs Duties (ECSC) Order 1987(2) shall be amended as follows:

(a)for subparagraph (a) of paragraph (2) of article 6 there shall be substituted the following paragraph–

(a)named in Part I–

(i)if they are regarding as originating in that country by applying the provisions of the Protocol to the Agreements, or

(ii)if, in relation to the Republics of Bosnia-Herzegovina, Croatia, Macedonia and Slovenia, they are regarded as originating in any one of those countries by virtue of the application of the provisions relating to origin of goods in the Commission Regulation;; and

(b)the words “Republic of Montenegro” in Part 1 of Schedule 1 shall be deleted.

Irvine Patnick

Tim Boswell

Two of the Lords Commissioners of Her Majesty’s Treasury

22nd October 1992

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 24th October 1992, amends the Customs Duties (ECSC) Order 1987 (S.I. 1987/2184), which, with exceptions for certain countries, charges customs duties in accordance with the unified European Coal and Steel Community (ECSC) tariff on certain ECSC products imported into the United Kingdom, other than any imported from another Member State of the Community.

The Order reimposes customs duty on the importation into the United Kingdom of all products to which it applies originating in the Republic of Montenegro (other than any in free circulation in another Member State), and implements Decision 92/286/ECSC of the representatives of the governments of the European Coal and Steel Community meeting within the Council on 1st June 1992 (OJ No. L151 of 3rd June 1992). The Decision came into force on 4th June 1992.

The Order applies to all iron and steel products covered by the ECSC Treaty and included in the Schedule of customs duties to the Combined Nomenclature forming part of the common customs tariff of the European Economic Community.

As from 31st May 1992, the importation into the Community of any such products originating in the Republic of Montenegro has been prohibited by Decision 92/285/ECSC of the representatives of the governments of the European Coal and Steel Community meeting within the Council on 1st June 1992 (OJ No. L151 of 3rd June 1992). Decision 92/285/ECSC was implemented in the United Kingdom by Article 5(1) of the Serbia and Montenegro (United Nations Sanctions) Order 1992 (S.I. 1992/1302), which came into force on 5th June 1992. So long as the latter Order remains in force, this Order is unlikely to have any practical effect, and is principally clarificatory in removing the reference to the Republic of Montenegro from the list of countries exempted from customs duty under the Customs Duties (ECSC) Order 1987.

(1)

1972 c. 68; section 5(3) and Schedule 2 were amended by the Customs and Excise Duties (General Reliefs) Act 1979 (c. 3), section 19 and Schedule 2, paragraphs 3 and 5.

(2)

S.I. 1987/2184; relevant amending instruments are S.I. 1991/2583 and 1992/792.