The Customs Duties (ECSC) (Amendment No. 7) Order 1992

Statutory Instruments

1992 No. 792

CUSTOMS AND EXCISE

The Customs Duties (ECSC) (Amendment No. 7) Order 1992

Made

16th March 1992

Laid before the House of Commons

16th March 1992

Coming into force

16th March 1992

The Treasury, by virtue of the powers conferred on them by section 5(1) and (3) of, and paragraph 4 of Schedule 2 to, the European Communities Act 1972((1)) and of all other powers enabling them in that behalf, 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. 7) Order 1992 and shall come into force on 16th March 1992.

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

(a) for paragraphs (2) and (3) of article 6 there shall be substituted the following paragraphs–

“(2) For the purposes of this article goods shall be regarded as originating in any such country–

(a) named in Part I–

(i) if they are regarded 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, or

(iii) if, in relation to the Republic of Montenegro, they would, if treated as though they were goods coming from any one of the countries to which the Commission Regulation applies, be regarded as having originated in one of those countries by virtue of the application of the provisions relating to origin of goods in the Commission Regulation;

(b) named in Part II if they are regarded as originating in that country by virtue of the application of the provisions relating to origin of goods in Council and Commission Decision No. 86/125/EEC, ECSC (b) or Council Decision 86/283/EEC(c).

(3) In this article–

(a) “country” includes territory and references to a country include references to any area consisting of two or more countries;

(b) “the Commission Regulation” means Commission Regulation (EEC) No. 343/92 (OJ No. L38, 14.2.1992, p. 1.);

(c) “the Agreements” means the Agreements made between the European Economic Community and the countries specified in column 1 of Schedule 2 hereto and signed on the dates specified in column 2.”

(b) in Schedule 1, the word “Yugoslavia” shall be deleted and the words “Republic of; Bosnia–Herzegovina”, “Republic of Croatia”, “Republic of Macedonia”, “Republic of Montenegro”, “Republic of Slovenia” shall be inserted after the word “Norway” in the second column of Part I; and

(c) in Schedule 2, the word “Yugoslavia” in column 1 (and the references opposite that word in columns 2, 3 and 4) shall be deleted.

3.  The Customs Duties (ECSC) (Amendment No. 6) Order 1991((3)) shall not apply in respect of goods which originate in any republic which has at any time since 15th November 1991 formed part of Yugoslavia and have been exported therefrom on or after the date of coming into force of this Order.

Sydney Chapman

Gregory Knight

Two of the Lords Commissioners of Her Majesty’s Treasury

16th March 1992

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force forthwith upon being made, amends the Customs Duties (ECSC) Order 1987 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.

The Order grants relief from customs duty on all products to which it applies originating in the Republics of Bosnia–Herzegovina, Croatia, Macedonia, Montenegro and Slovenia by including references to those countries in the list of countries contained in Part I of Schedule 1 to the 1987 Order. It also has the effect, by means of the deletion of the reference to Yugoslavia in the list in Part I of Schedule 1, that such relief from duty shall not be granted in respect of products originating in any part of Yugoslavia other than the parts comprised of those Republics. 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.

The making of the Order has been necessitated by Decision 92/150 ECSC and Decision 92/151 ECSC of the representatives of the governments of the European Coal and Steel Community meeting within the Council on 3rd February 1992 (OJ No. L63 of 7 March 1992). Those Decisions granted relief from customs duty on products originating in the Republics of Bosnia–Herzegovina, Croatia, Macedonia, Montenegro and Slovenia and had the effect of imposing customs duty on products originating in any part of Yugoslavia other than the parts comprised of those Republics.

(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, as amended by S.I. 1988/1065, 1314, 2055; 1989/1088, 1610 and 1991/2583.

(3)

S.I. 1991/2583.