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Alcohol, Tobacco, Fuel and Electricity Excise D...docx
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§ 20. Specialty and unconventional fuel-like mineral oil

For the purposes of this Act, “specialty and unconventional fuel-like mineral oil” means a product for which: 1) the first four digits of the NC are 2901 and which is not gaseous at atmospheric pressure and a temperature of 15°C; 2) the first six digits of the NC are 2707 10, 2707 20, 2707 30, 2707 50 or 2711 12–2711 14 and which is used as motor fuel, including in stationary engines; 3) the eight digits of the NC are 2710 11 11–2710 11 25, 2710 11 90, 2710 19 11, 2710 19 15, 2710 19 31, 2710 19 35, 2710 19 51, 2710 19 55, 2902 20 00, 2902 30 00, 2902 41 00, 2902 42 00, 2902 43 00 or 2902 44 00, and also a product, for which the first four digits of the NC are 3811. [RT I, 24.03.2011, 1 - entry into force 01.07.2012]

Chapter 2 general principles of imposition of excise duty

§ 21. Production of excise goods

(1) “Production of alcohol” means the manufacture, processing and bottling of alcohol.

(2) “Production of tobacco products” means the manufacturing and processing of tobacco products and the packing thereof into sales packaging.

(3) “Production of fuel” means the manufacturing and processing of fuel, including: 1) processing of mineral oils and fractions thereof using physical and chemical processes; 2) compounding to each other or to the final product petroleum products for which the first four digits of the NC are different or for which the first four digits of the NC are the same; 3) adding additives or components which make up more than 0.5 per cent of the weight of the final product to the aforementioned products or mixtures thereof.

(31) For the purposes of this Act, “production of electricity” means production of electricity within the meaning of the Electricity Market Act. [RT I 2007, 45, 319 - entry into force 01.01.2008]

(4) Excise goods may be produced in excise warehouses. Alcohol may be denatured in excise warehouses, customs warehouses and in free zones. Fuel may be processed under the customs procedure for processing under customs control or the customs procedure for inward processing or the customs procedure for customs warehousing. Solid fuel, natural gas, electricity, liquid combustible substances and biofuel specified in clause 19 (14) 2) of this Act, except biofuel for which the eight digits of the CN code are 3824 90 99 may be produced outside of an excise warehouse. Biofuel specified in clause 19 (14) 1) of this Act and biofuel which the eight digits of the CN code are 3824 90 99 shall be produced in an excise warehouse if such biofuel is produced for use as motor fuel or heating fuel. Fuel in temporary storage may also be marked with a fiscal marker in a customs terminal. [RT I, 08.03.2012, 1 - entry into force 01.04.2012]

(41) A shipchandler specified in subsection 692 (3) of this Act may process fuel not subject to excise duty outside of an excise warehouse located within the territory of a port with a permanent barrier or on a ship which supplies other ships with fuel if the processed fuel will be used for supplying a ship operated by the armed forced specified in clause 27 (1) 11) or a ship specified in clauses 27 221) or 222) of this Act. [RT I 2008, 49, 272 - entry into force 01.01.2009]

(5) A person who uses the processed alcohol only in order to manufacture products other than alcohol or a holder of a permit for exemption from excise duty on alcohol may process alcohol, with the exception of denaturing it, outside an excise warehouse if the ethanol content of the alcohol does not increase as a result of the processing. [RT I 2008, 49, 272 - entry into force 01.01.2009]

(6) Beer, wine and fermented beverages produced in a private household shall not be treated as excise goods if they are produced solely for personal use with no commercial purpose.

(7) A holder of a permit for exemption from excise duty on energy may process fuel outside an excise warehouse if he uses fuel for his enterprise for other purposes than motor fuel or heating fuel. [RT I 2008, 49, 272 - entry into force 01.01.2009]

(71) A person specified in subsection 6910 (2) of this Act (hereinafter producer of fuel from waste) is permitted to produce fuel from waste outside an excise warehouse. [RT I 2008, 49, 272 - entry into force 01.01.2009]

(8) The addition of lubricated motor oil (the eight digits of the CN code are 2710 19 81) to fuel used in two-stroke engines is not deemed to be production of fuel within the meaning of this Act.

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